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HomeMy WebLinkAbout1990/01/30-Minutes-City Council57 CITY COUNCIL MEETING JANUARY 30, 1990 ouncil Met On the 30th day of January, A.D., 1990, the City Council of the City of Fort Worth, Texas, met in regular session, with the following members and officers present, to wit: embers present Mayor Bob Bolen; Mayor Pro tempore Garey W. Gilley; Council Members Louis J. Zapata, William N. Garrison, Kay Granger, Eugene McCray, Virginia Nell Webber, and David Chappell; City Manager David Ivory; City Attorney Wade Adkins; City Secretary Ruth Howard; with more than a quorum present, at which time the following business was transacted: nvocation The invocation was given by The Reverend Elizabeth Lamberth, Chaplain, Tarrant Area Community of Churches. ledge of llegia nce The Pledge of Allegiance was recited. anuary 23, 1990 11 On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the i nutes approved 11 minutes of the meeting of January 23, 1990, were approved. rocl amati on A proclamation for 2nd Battalion 14th Marine Regiment Day was presented to Master n d Battalion 14th Sgt. Bunker and Staff Sgt. Rehfeldt, U.S. Marine Corp Reserve. arine Regiment Day C visitors from Honorary Citizenship Certificates were presented to visitors from Trier, West rier, West Germany Germany. C visitors from th Honorary Citizenship Certificates were presented to visitors from the Soviet oviet Union Union. ertificates to Chief McMillen of the Fort Worth Fire Department presented certificates to Jose ose Octavio Perea, Octavio Perez, Irene Perez, and Roberto Alcala, Jr., for their life saving efforts. - rene Perea and oberto Al cal a , Jr. Council Member Chappell requested that Mayor and Council Communication No. C-12131 ithdrew M&C C- be withdrawn from the consent agenda. 2131 ithdrew M&C L-1001:City Manager Ivory requested that Mayor and Council Communication No. L-10013 be -8436 and G-8441 withdrawn from the agenda and that Mayor and Council Communication Nos. G-8436 and G-8441 be withdrawn from the consent agenda. onsent agenda On motion of Mayor Pro tempore Gilley, seconded by Council Member Zapata, the pprove d consent agenda, as amended, was approved. ppt. of James N. Mayor Bolen made a motion, seconded by Mayor Pro tempore Gilley, that the us tin, Jr. be re- reappointment of James N. Austin, Jr., to the Citizens' Cable Board be reconsidered at onsidered this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. ithdrew the ap p t. Mayor Bolen requested that the reappointment of James N. Austin, Jr., be withdrawn f James N. Austin, until notification of Mr. Austin to serve on the Citizens Cable Board. Mayor Pro r. to the Citizens tempore Gilley made a motion, seconded by Council Member Chappell, that the able Board recommendation be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. pproved ceremonial ravel Council Member Zapata made a motion, seconded by Mayor Pro tempore Gilley, that approval of ceremonial travel for Mayor Bolen and Council Member Chappell to Budapest, Hungary, for discussion of Sister Cities relationships be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. of i cy Proposal No. There was presented Policy Proposal No. CP -147 from the City Manager stating that P-147 re Carports several areas exist in Fort Worth where carports have been added to single-family residences with attached garages; that many of these carports violate the front yard setback requirements of the Zoning Ordinance and special building lines established on subdivision plats; that the City Council approved Policy Proposal 136 on January 10, 1989, which asked the Zoning Commission to study the problem and, if appropriate, develop amendments to setback regulations to permit any such existing carports to continue and permit new carports of this type to be built; that a City Council Carport Committee chaired by Councilman Steve Murrin subsequently was formed; that, at the Pre -Council meeting on January 23, 1990, the City Council received a report entitled "Modifications of Regulations Concerning Carports" from Mayor Pro tempore Gilley; that the City Council directed the staff to place the present Mayor and Council Policy Proposal on the agenda for consideration by Council; and recommending that City Council take the following action: 1. Adopt the attached ''ordinance amending Ordinance No. 10247 and Ordinance No. 10343 so as to: (a) extend the moratorium on the prosecution of citations issued before January 10, 1989, for violations of front yard setback requirements by nonconforming carports;` and (b) extend the moratorium on the issuance of citations for nonconforming carports constructed before January 10, 1989. Minutes of City Council 0-3 Page 57 W NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10501 10501 AN ORDINANCE AMENDING ORDINANCE NO. 10247 AND ORDINANCE NO. 10343 TO PROHIBIT THE ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY CERTAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON JULY 31, 1990, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth regulates the location and construction of carports and other buildings under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordinances and regulations; and WHEREAS, there are several areas in the City of Fort Worth where carports have been added to the front of residences with attached garages; and WHEREAS, some of such carports violate the front setback requirements of the Comprehensive Zoning ordinance and special building lines established on subdivision plats; and WHEREAS, on January 10, 1989, the City Council adopted Council Policy Proposal 136 which requests that the Zoning Commission make a study of front yard setback requirements for carports added to residences with attached garages and recommend amendments to permit such carports (hereinafter called "nonconforming carports") to extend into front yards yet establish standards to protect the public health and general welfare, and encourage the appropriate use of land; and WHEREAS, on January 31, 1989, City Council adopted Ordinance No. 10247 and on July 25, 1989, the City Council adopted Ordinance No. 10343, which ordinances provide that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989, for violations of front yard setbacks by nonconforming carports and that a moratorium shall be imposed on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, it is necessary to extend such moratoriums until midnight on July 31, 1990, so that the City Council may consider possible revisions to the ordinances and regulations pertaining to such carports; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That pursuant to the valid exercise of the police power granted to the City, Ordinance No. 10247 and Ordinance No. 10343 are hereby amended and the following acts are hereby prohibited in the City of Fort Worth during the Minutes of City Council 0-3 Page 58 Such moratoriums shall be extended until midnight, July 31, 1990, unless Policy Proposal sooner repealed by the City Council. No. CP -147 cont. 2. Direct the City Attorney to prepare an amendment to the Zoning Ordinance containing the provisions outlined in Exhibit "A" to permit construction of new carports in front yards under certain conditions if approved by the Board of Adjustment and to permit certain existing carports to continue; 3. Direct the City staff to schedule the aforesaid Zoning Ordinance amendment for public hearing before the Zoning Commission at the earliest possible date. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendations were adopted. Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Introduced an adopted. The motion was seconded by Council Member Chappell. The motion, carrying Ordinance with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10501 10501 AN ORDINANCE AMENDING ORDINANCE NO. 10247 AND ORDINANCE NO. 10343 TO PROHIBIT THE ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY CERTAIN CARPORTS IN THE CITY OF FORT WORTH, WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON JULY 31, 1990, UNLESS SOONER REPEALED BY THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRESERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth regulates the location and construction of carports and other buildings under its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) and other city ordinances and regulations; and WHEREAS, there are several areas in the City of Fort Worth where carports have been added to the front of residences with attached garages; and WHEREAS, some of such carports violate the front setback requirements of the Comprehensive Zoning ordinance and special building lines established on subdivision plats; and WHEREAS, on January 10, 1989, the City Council adopted Council Policy Proposal 136 which requests that the Zoning Commission make a study of front yard setback requirements for carports added to residences with attached garages and recommend amendments to permit such carports (hereinafter called "nonconforming carports") to extend into front yards yet establish standards to protect the public health and general welfare, and encourage the appropriate use of land; and WHEREAS, on January 31, 1989, City Council adopted Ordinance No. 10247 and on July 25, 1989, the City Council adopted Ordinance No. 10343, which ordinances provide that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989, for violations of front yard setbacks by nonconforming carports and that a moratorium shall be imposed on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, it is necessary to extend such moratoriums until midnight on July 31, 1990, so that the City Council may consider possible revisions to the ordinances and regulations pertaining to such carports; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That pursuant to the valid exercise of the police power granted to the City, Ordinance No. 10247 and Ordinance No. 10343 are hereby amended and the following acts are hereby prohibited in the City of Fort Worth during the Minutes of City Council 0-3 Page 58 59 Ordinance No. period from the effective date of this ordinance until midnight on July 31, 10501 cont. 1990, or until this ordinance is repealed, whichever occurs first; (a) the prosecution of citations issued or complaints filed before January 10, 1989, for violations of front yard setback requirements by carports added to residences with attached garages; (b) the issuance of citations or the filing or prosecution of complaints for violations of front yard setback requirements by carports added to residences with attached garages where such carports were constructed before January 10, 1989; (c) the issuance of citations or the filing or prosecution of complaints for other violations by carports added to the front of residences with attached garages where such carports were constructed before January 10, 1989. That the purpose of this prohibition is to maintain the status quo concerning such nonconforming carports until proposed amendments to front yard setback requirements for carports can be considered by the City Council. SECTION 2. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 3. That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same or until midnight on July 31, 1990, whichever occurs first. SECTION 4. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 5. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 7. That the City Secretary shall send copies of this ordinance to the chief Judge of the Municipal Court, City Attorney and Director of the Department of Development of the City of Fort Worth. ominated Corley Council Member Chappell nominated Corley Williams to serve as Municipal Court illiams as Muni— Judge; Karmen Johnson, Stephen Alcorn, Bonnie Sudderth, Mark Sullivan, and Edward ipal Court Judge Valverde to serve as Substitute Municipal Court Judges; and Donald Newberry to serve as acme n Johnson, Permanent Hearing Officer and made a motion, seconded by Mayor Pro tempore Gilley, that tephen Alcorn, Corley Williams be appointed Municipal Court Judge; Karmen Johnson be appointed as onnie Sudderth, Substitute Municipal Court Judge; Stephen Alcorn, Bonnie Sudderth, Mark Sullivan, and ark Sullivan, and Edward Valverde be reappointed Substitute Municipal Court Judges; and Donald Newberry dward Valverde to be appointed Permanent Hearing Officer. When the motion was put to a vote by the erve as substitute unicipal Court I Mayor, it prevailed unanimously. ty Council Muni ci iThere was presented City Council Municipal Court Advisory Committee Policy ty � al Court Advisory Memorandum No. 2, as follows: ommi ttee Policy SUBJECT: MUNICIPAL COURT COMMUNITY SERVICE WORK -RELEASE PROGRAM emorandum No. 2 re unicipal Court ommunity Service ork Release Progra Minutes of City Council 0-3 Page 59 C Municipal Court Advisory Committee POLICY: Policy Memorandum no. 2 cont. It is recommended that the City Council approve the implementation of a municipal court community service work -release program as outlined below. DISCUSSION: State law now allows Municipal Courts to require a defendant who is unable to pay a fine to discharge all or part of that fine by performing community service. City staff and the Municipal Judges have worked together to formulate a Community Service Program for Fort Worth which will accomplish the twin goals of (1) allowing offenders to work out their fines and (2) meeting City departments' needs for maintenance, litter abatement and other services. The program at the present time will be limited to those defendants whose cases are in warrant status, who are in custody, or unable to meet a time payment plan for payment of their fines. State law allows the defendant to work out the unpaid fines at the rate of $50.00 per each eight hours worked. City departments have been surveyed and have responded with a list of needs which can be met by utilizing persons in the Community Service Program. For more details regarding the Community Service Program, please refer to the attached outline. The Court Committee approved this recommendation at its meeting on January 23, 1990. Unless there are objections from the City Council, the Municipal Court will be instructed to implement this policy effective on approval of this policy memorandum. Policy adopted On motion of Council Member Chappell, seconded by Council Member Zapata, the policy was adopted. M&C OCS-74 re changing City There was presented Mayor and Council Communication No. OCS-74 from the Office of Council meeting the City Secretary recommending that a resolution be adopted changing the City Council resolution meeting of March 6, 1990, to March 8, 1990. On motion of Council Member Garrison, seconded by Council Member McCray, the recommendation was adopted. Introduced a Council Member Garrison introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1502 1502 WHEREAS, the City Council of the City of Fort Worth, Texas, in accordance with Section 3.1 of its Rules of Procedure, meets on Tuesday of each week at 10:00 o'clock a.m. except for the first Tuesday meeting of each month, which is scheduled for 7:00 o'clock p.m., unless otherwise officially changed by the City Council; and, WHEREAS, a majority of the City Council members will be attending the National League of Cities Congressional - City Conference in Washington, D.C. during the period of March 3, 1990, through March 6, 1990; and, WHEREAS, March 6, 1990, is a regularly scheduled date for a City Council meeting: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the City Council meeting regularly scheduled for Tuesday, March 6, 1990, at 7:00 p.m., be rescheduled for Thursday, March 8, 1990, at 7:00 p.m. M&C OCS-75 Claizas There was presented Mayor and Council Communication No. OCS-75 from the City Liability Bonds Secretary recommending that the City Council authorize the acceptance of liability bonds, as follows: t CONTRACTORS BONDS INSURANCE COMPANY Rose and Son Construction Neighborhood Redevelopment Corporation of Texas, Inc. Dyna Ten Corporation Jordan Paving Corporation Western Surety Company American States Insurance Company St. Paul Fire and Marine Insurance Company Universal Surety of America Minutes of City Council 0-3 Page 60 M&C OCS-75 Liabili ty Bonds cont. M&C OCS-75 adopted 61 CEMENT BONDS B & M Home Improvements L & R Concrete Lawyers Surety Corporation Eagle Insurance Company It was the consensus of the City Council that the recommendation be adopted. M&C OCS-76 Claims There was presented Mayor and Council Communication No. OCS-76 from the City Secretary submitting notices of claims regarding alleged damages and/or injuries and recommending that the City Council refer the notices of claims for alleged damages and/or injuries to the Risk Management Department, as follows: Dr. John F. Prich- ard Joseph R. Gibbs Mildred Maxine Williams Molly Jane Gon- zalez Margarette Fewell Velda Deanna Songe ames N. Austin, J 1. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 2. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 3. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 4. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 5. Claimant: Date Received: Date of Incident: .Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 6. Claimant: - Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: 7. Claimant: Date Received: Date of Incident: Location of Incident: Estimate of Damages/ Injuries: Nature of Incident: Dr. John F. Prichard January 25, 1990 December 23, 1989 3833 Camp Bowie Boulevard - office Undeclared Claimant alleges damages to his property as the result of a broken water main and an accident involving a City -owned vehicle (police). Joseph R. Gibbs January 25, 1990 January 5, 1990 South on I-35 and 30 Undeclared Claimant alleges damages to his automobile as the result of a metal object falling from a City -owned vehicle (dump truck). Mildred Maxine Williams January 25, 1990 January 1, 1990 1000 N. Sylvania $354.47 Claimant alleges damages to her automobile as the result of street conditions. Molly Jane Gonzalez January 23, 1990 Undeclared 2000 Francis Avenue $4,000.00 Claimant alleges damages as the result of an accident involving a City employee. Margarette Fewell January 23, 1990 Undeclared 1700 Block of East Seminary Drive $89.13 - $96.27 Claimant alleges damages to her automobile as the result of a City employee throwing a shovel of asphalt on her car. Velda Deanna Songer January 23, 1990 December 23, 1989 600 W. Seminary Drive $1,296.11 Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (police). James N. Austin, Jr. January 23, 1990 Undeclared 2825 South Grove $1,350.00 - $1,500.00 Claimant alleges damages as the result of purchasing lot from City of Fort Worth and subsequently finding that a putane tank is underground and that removal is requested. herra Glaze 8. Claimant: Sherra Glaze Date Received: January 24, 1990 Date of Incident: December 11, 1989 Minutes of City Council 0-3 Page 61 Lemn TUESDAY, JANUARY 30, 1990 Sherra Glaze claim Attorney: - Wells, Williford & Felber (H.G. Wells) cont. Location of Incident: Hulen Street & Granbury Road Estimate of Damages/ Injuries: Unknown at this time Nature of Incident: Claimant alleges damages as the result of a train -vehicular accident that resulted in the death of her husband, Billy Frank Glaze. Tona M. Bolding 9. Claimant: Tona M. Bolding Date Received: January 24, 1990 Date of Incident: January 16, 1990 Attorney: Tom Hall Location of Incident: Yucca & Sylvania Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident. Tommy Dean Parker 10. Claimant: Tommy Dean Parker Date Received: January 24, 1990 Date of Incident: December 29, 1989 Location of Incident: 4500 James Avenue Estimate of Damages/ Injuries: , $2,708.74 Nature of Incident: Claimant alleges damages and injuries as the result of an accident involving a City -owned vehicle (fire truck). St. Clair Newbern, 11. Claimant: St. Clair Newbern, IV IV Date.Received: January 22, 1990 Date of Incident: December 27, 1989 Attorney: St. Clair Newbern III Location of Incident: 4200 block of Hartwood Lane Estimate of Damages/ Injuries: $161.40 Nature of Incident: Claimant alleges damages to his automobile as the result of street conditions. Larry Lassiter 12. Claimant: Larry Lassiter Date Received: January 22, 1990 Date of Incident: January 6, 1990 Attorney: James Stanley (Angela Braymer) Location of Incident: Undeclared Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of an accident. Gloria McKinney 13. Claimant: Gloria McKinney Date Received: January 22, 1990 Date of Incident: December 19, 1989 Attorney: Denbow & Wade (Don Denbow) Location of Incident: Housing Authority on Burnett St. Estimate of Damages/ Injuries: Undeclared Nature of Incident: Claimant alleges damages and injuries as the result of walking into glass wall. Jordan C. Schanche 14. Claimant: Jordan C. Schanche Date Received: January 19, 1990 Date of Incident: November 18, 1989 Attorney: Johnny W. Richards II Location of Incident: 3900 Overton Park East Estimate of Damages/ Injuries: $15,000.00 + hold harmless for any other damage claims made by passengers in vehicle Nature of Incident: Claimant alleges damages and injuries as the result of accident caused by street conditions. Wanda Buschman 15. Claimant: Wanda Buschman Date Received: January 18, 1990 Date of Incident: November 29, 1989 Attorney: Richard Lee Griffin Location of Incident: 1800 University .Drive (Public Health Building) Estimate of Damages/ Injuries: $50,000.00 jNature of Incident: Claimant alleges injuries as the result of a fall. M&C OCS-76 adopted It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 62 M&C OCS-77 Correspondence fro Mr. Lyle E. Welch support of Police Chief Windham and from Hemphill Cor- ridor Task Force Economic Develop- ment Committee re carport ordinance Benefit Hearing M&C G-8372 (33 TUESDAY. JANUARY'30. 1990 There was presented Mayor and Council Communication No. OCS-77 from the City Secretary submitting correspondence from Mr. Lyle E. Welch, President of Lisa Motor Lines, Inc., expressing support of Police Chief Thomas Windham; and correspondence from the Hemphill Corridor Task Force Economic Development Committee requesting that the City Council keep the present carport ordinance and not allow the proposed change to allow carports in front yards of any residential area. It was the consensus of the City Council that the correspondence be referred to the Office of the City Manager. It appearing to the City Council that the City Council on January 16, 1990, continued the hearing in connection with the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to East Berry Street from day to day and time to time and especially to the City Council meeting of January 23, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8372 Works, appeared before the City Council and advised the City Council that the report of enhancements by Mr. Robert Martin has been delivered to the City Council and called attention of the City Council to Mayor and Council Communication No. G-8372, dated December 19, 1989, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF CAREY ROAD, UNIT 1A, WILBARGER STREET TO E. BERRY STREET (PROJECT NO. 67-040165) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, finding that in each case the abutting property is specially benefited in enhanced value in an amount equal to or greater than the amount assessed for the improvements to Carey Road, Unit 1A, from Wilbarger Street to E. Berry Street. DISCUSSION: The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of Carey Road, from E. Berry Street to US Highway 287. The Street will be constructed in two units: from E. Berry to Wilbarger and from Wilbarger to US Highway 287. Carey Road from E. Berry to Wilbarger is located in the Stop Six Target Area, and CDBG funds will finance 30 percent of construction cost. On November 7, 1989 (M&C G-8310), the City Council established December 19, 1989, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. This project is located in Council District No. 5. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Carey Road by constructing seven- inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty to forty-eight feet wide on a variable width right-of-way. Six-inch thick concrete driveway approaches will be constructed where specified on the plans. ASSFSSMFNTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost sharing for the construction of Carey Road has been computed as follows: Property Owners Fort Worth City $ 179,093.50 (17%) 872,506.50 (83%) Total Project Cost $1,051,600.00 The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. The Reverend C.M. The Reverend C.M. Singleton, 4928 Miller Avenue, representing Allied Community of Singleton re Tarrant, appeared before the City Council and requested that the City Council give M&C G-8372 favorable consideration to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to East Berry Street. Mr. Clyde Peabody re M&C G-8372 Mr. Clyde Peabody, 2601 Ludelle Street, owner of Tracts 12C1, 12C1A, and 12C2, Abstract 3959 James W. Daniel Survey, which property is adjacent to Carey Road, Minutes of City Council 0-3 Page 63 64 TUESDAY, JANUARY 30, 1990 Mr. Clyde Peaboyd Unit 1A, from Wilbarger Street to Berry Street, appeared before the City Council and cont. M&C G-8372 requested that the City Council give favorable consideration to the assessment paving of Carey Road. Mr. Don Morris re Mr. Don Morris, 1625 Bellchase, Granbury, Texas, appeared before the City Council M&C G-8372 and expressed opposition to the assessment paving of Carey Road, Unit 1A, from Wilbarger Street to Berry Street. There being no one else present desiring to be heard, Council Member McCray made a motion, seconded by Council Member Zapata, that the benefit hearing be closed and that the assessments be levied with the exception that, in the James W. Daniel Survey, Abstract 395, Tract 12K be assessed $1,525.00; Tract 12N be assessed $2,850.00; and, in Homeacres Addition, Lot 15, Block 8, be assessed $2,050.00 and, in the G.J. Assabranner Survey, Abstract No. 7, Tract 33 be assessed $0.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, re M&C G-8372 appeared before the City Council and advised Council that if land is dedicated to the City of Fort Worth the assessments levied against the property would be waived. Introduced an Council Member McCray introduced an ordinance and made a motion that it be adopted. Ordinance The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. - ORDINANCE NO. 10502 10502 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF CAREY ROAD (UNIT 1A), FROM WILBARGER STREET TO EAST BERRY STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Reconsider the Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that consent agenda the consent agenda be reconsidered at this time. When the motion was put to a vote by the Mayor, it prevailed unanimously. Withdrew M&C PZ- Council Member Chappell requested that Mayor and Council Communication No. PZ -1570 1570 be withdrawn from the consent agenda. Consent agenda approve dd Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley that the consent agenda, as amended, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Benefit Hearing It appearing to the City Council that Ordinance No. 10482 was adopted on M&C G-8435 January 2, 1990, setting today as the date for hearing in connection with the assessment paving of 23rd Street from Robinson Street to Rock Island Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, to official newspaper of the City of Fort Worth, Texas, on January 8, 9, and 10, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8435 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8435, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF TWENTY-THIRD STREET FROM ROBINSON STREET TO ROCK ISLAND STREET (PROJECT NO. 67-040217-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvements of Twenty -Third Street from Robinson Street to Rock Island Street. Minutes of City Council 0-3 Page 64 65 C G-8435 cont. 11 DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Twenty -Third Street from Robinson Street to Rock Island Street. This street is located in the Far Northside Target Area, and Community Development Block Grant funds will finance 30 percent of the construction cost. On January 2, 1990 (M&C G-8394), the City Council established January 30, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 2. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Twenty -Third Street by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches will be constructed where shown on the plans. ASSESSMENTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the City Engineer's estimate, and the advice of the independent appraiser, the cost of the construction has been computed at $24,648.00 (35%) for the property owners and $45,384.60 (65%) for the City of Fort Worth at large., The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. rs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin on the &C G-8435 enhancements to properties adjacent to 23rd Street from Robinson Street to Rock Island Street has been provided to the City Council., r. Ronald Rosen Mr. Ronald Rosen, Post Office Box 4444, co-owner of Abstract 358, Tract 4H, of the e M&C G-8435 Daniel W. Campbell Survey, which property is adjacent to 23rd Street from Robinson Street to Rock Island Street, appeared before the City Council and expressed opposition to the assessment paving of 23rd Street from Robinson Street to Rock Island Street and advised the City Council that, in his opinion, the assessment paving is no needed. r. Sam Rosen re Mr. Sam Rosen, 4955 Overton Woods Court, co-owner of Abstract 358, Tract 4H, &C G-8435 Daniel W. Campbell Survey, which property is adjacent to 23rd Street from Robinson Street to Rock Island Street, appeared before the City Council and expressed opposition to the assessment paving of 23rd Street from Robinson Street to Rock Island Street and requested that City Council defer the assessments of 23rd Street until the Rosens were able to get in touch with the Salvation Army to see if it is interested in acquiring the property. r. Gary Santerre Mr. Gary Santerre, Director of the Transportation and Public Works Department, e M&C G-8435 appeared before the City Council and advised City Council that the contract for the assessment paving of 23rd Street has not been let. There being no one else desiring to be heard, Council Member Zapata made a motion, seconded by Council -Member McCray, that the hearing be closed and the assessments levied as recommended with the exception that Lots 17, 19, and 21, Block 177, Rosen Heights Second Filing, be assessed $1,000.00 each., When the motion was put to a vote by the Mayor, it prevailed unanimously. n troduce d an Council Member Zapata introduced an ordinance and made a motion that it be adopted. rdinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Minutes of City Council 0-3 Page 65 Grl TUESDAY, JANUARY 30, 1990 Ordinance No. ORDINANCE NO. 10503 . 10503 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF TWENTY-THIRD STREET, FROM ROBINSON STREET TO ROCK ISLAND STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE Benefit hearing DATE. M&C G-8433 It appearing to the City Council that the City Council on January 2, 1990, set today as the date for hearing in connection with the assessment paving of East Baltimore Avenue from Delaware Avenue to Beverly Street, and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, to official newspaper of the City of Fort Worth, Texas, on January 8, 9, and 10, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8433 Works, appeared before the City Council and called attention of the City council to Mayor and Council Communication No. G-8433, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF EAST BALTIMORE AVENUE FROM DELAWARE AVENUE TO BEVERLY STREET (PROJECT NO. 67-040202-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of East Baltimore Avenue from Delaware Avenue to Beverly Street. DTSMISSION: This project was added to the 1986 Capital Improvement Program in response to a request for street improvements by a significant number of property owners abutting E. Baltimore Avenue. The funding will come from Council District 8 Undesignated Funds. The Engineering staff has determined that most of the curb and gutter and driveway approaches between Yuma Avenue and Beverly Street are in serviceable condition; therefore, only sixty-seven feet of defective curb and gutter and one driveway approach in this section of the project will be replaced. On January 2, 1990 (M&C C-12083), the .City Council awarded the construction contract for this project and established January 30, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council District 8. PROPOSED IMPROVEMENTS: It is proposed to improve the section of East Baltimore from Yuma to Delaware by constructing six-inch thick asphaltic concrete pavement with seven-inch high concrete curb and eighteen -inch wide concrete gutter on an eight -inch thick lime stabilized subgrade so that the roadway will be twenty-eight feet wide on a sixty foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick sidewalks will be constructed where shown on the plans. - It is proposed to improve the section of East Baltimore from Yuma to Beverly by constructing six-inch thick asphaltic concrete pavement on an eight -inch thick lime stabilized subgrade so that the finished roadway will be twentysix feet wide on a sixty foot right-of-way. Six-inch thick driveway approaches will be constructed where shown on the plans. Seven-inch high concrete curb and 18 -inch wide concrete gutter will be replaced for a distance of 67 linear feet. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been Minutes of City Council 0-3 Page 66 67 TUESDAY, JANUARY 30, 1990 M&C G-8433 cont. computed at $7,343.36 (8%) for the property owners and $90,189.83 (92%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday re M&C G-8433 Mrs. Lunday advised the City Council that the report of Mr. Robert Martin of enhancements to properties adjacent to East Baltimore Avenue from Delaware Avenue to Beverly Street has been delivered to the City Council. There being no one present desiring to be heard, Council Member Webber made a motion, seconded by Council Member Chappell, that the hearing be closed and the assessments be levied as recommended with the exception that Lot 5, Block 61, Highland Park Addition, be assessed $675.00 and Lot 7, Block 61, and Lots 20 and 22, Block 60, Highland Park Addition, be assessed $475.00 each. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Webber introduced an ordinance and made a motion that it be adopted. ordinance The motion was seconded by Council Member McCray. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10504 10504 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF EAST BALTIMORE AVENUE, UNIT II, FROM YUMA AVENUE TO BEVERLY STREET, EAST BALTIMORE AVENUE, UNIT III, FROM YUMA AVENUE TO DELAWARE AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit hearing It appearing to the City Council that Ordinance No. 10486 was adopted on re M&C G-8432 January 2, 1990, setting today as the date for benefit hearing in connection with the assessment paving of Bryant Irvin Road North from Camp Bowie Boulevard to 54 feet south of Calmont Avenue and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, to official newspaper of the City of Fort Worth, Texas, on January 8, 9, and 10, 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8432 Works, appeared before -the City Council and called attention of the City Council to Mayor and Council Communication No. G-8432, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF BRYANT IRVIN ROAD N. FROM CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE (PROJECT NO. 67-023188-00) RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Bryant Irvin Road N. from Camp Bowie Boulevard to fifty-four feet south of Calmont Avenue. DISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Bryant Irvin Road N. (formerly Guilford Road) from Camp Bowie Boulevard to I-30. Calmont Street is the frontage road for I-30. The State Department of Highways and Public Transportation recently improved I-30 and reconstructed the fifty-four feet of Bryant Irvin Road south of Calmont Avenue as part of its project. Minutes of City Council 0-3 Page 67 TUESDAY, JANUARY 30, 1990 M&C G-8432 cont. On January 2, 1990 (M&C C-18085), the City Council awarded the construction contract for this project and established January 30, 1990, as the date of the benefit hearing. Notices have been given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located along the boundary of Council District 3 and 7. PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Bryant Irvin Road N. by constructing seven-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be forty-four feet wide on a sixty -foot right-of-way. Six-inch thick concrete driveway approaches and four -inch thick concrete sidewalks will be constructed where shown on the plans. ASSESSMENTS: This street has previously been constructed to City standards; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are being assessed only for new sidewalks and for new driveway approaches which were not to City standards. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $28,204.04 (9%) for the property owners and $274,487.97 (91%) for the City of Fort Worth at large. ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10505 10505 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BRYANT IRVIN ROAD NORTH, FROM CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that Ordinance No. 10487 was adopted on re M&C G-8434 January 2, 1990, setting today as the date for benefit hearing in connection with the assessment paving of Lawnwood Avenue from Paradise Street to South Judkins Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, to official newspaper of the City of Fort Worth, Texas, on January and 30 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8434 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8434, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LAWNWOOD AVENUE FROM PARADISE STREET TO S. JUDKINS STREET (PROJECT NO. 67-040177-00) Minutes of City Council 0-3 Page 68 The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. Mrs. Lunday advised the City Council that the report of Mr. Robert Martin Mrs. Lunday re regarding enhancements to properties adjacent to Bryant Irvin Road North from Camp M&C G8432 Bowie Boulevard to 54 feet south of Calmont Avenue has been presented to the City Council. There being no one present desiring to be heard, Council Member Garrison made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be closed and assessments levied. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced an Council Member Garrison introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10505 10505 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF BRYANT IRVIN ROAD NORTH, FROM CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Benefit Hearing It appearing to the City Council that Ordinance No. 10487 was adopted on re M&C G-8434 January 2, 1990, setting today as the date for benefit hearing in connection with the assessment paving of Lawnwood Avenue from Paradise Street to South Judkins Street and that notice of the hearing has been given by publication in the Fort Worth Star -Telegram, to official newspaper of the City of Fort Worth, Texas, on January and 30 1990, Mayor Bolen asked if there was anyone present desiring to be heard. Mrs. Martha Lunday Mrs. Martha Lunday, representing the Department of Transportation and Public re M&C G-8434 Works, appeared before the City Council and called attention of the City Council to Mayor and Council Communication No. G-8434, as follows: SUBJECT: BENEFIT HEARING FOR THE ASSESSMENT PAVING OF LAWNWOOD AVENUE FROM PARADISE STREET TO S. JUDKINS STREET (PROJECT NO. 67-040177-00) Minutes of City Council 0-3 Page 68 M &C G-8434 cont. 11 RECOMMENDATION: It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed, acknowledging that in each case the abutting property is specially benefited in enhanced value in excess of the amount assessed for the improvement of Lawnwood Avenue from Paradise Street to S. Judkins Street. IIDISCUSSION: The 1986 Capital Improvement Program approved in March, 1986, included funds for the improvement of Lawnwood Avenue from Paradise Street to S. Judkins Street. This street is located in the Riverside Target Area, and Community Development Block Grant funds will finance 30 percent of the construction cost. On January 2, 1990 (M&C C-12086), the City Council awarded the construction contract for this project and established January 30, 1990, as the date of the benefit hearing. Notices have been given: in accordance with Article 1105b, Vernon's Annotated Civil Statutes. The project is located in Council_ District 8. •- PROPOSED IMPROVEMENTS: It is proposed to improve this segment of Lawnwood Avenue by constructing six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade so that the finished roadway will be thirty feet wide on a sixty foot right-of-way. ASSESSMENTS: This street has not previously been constructed to City standards and is located in a CDBG Target Area; therefore, in accordance with the Assessment Paving Policy, properties zoned and used for one- and two-family residences are not being assessed. An independent appraiser has advised the staff as to the amount of enhancement to property values that will result from the proposed improvements. Based on standard City policy, the low bid prices, and the advice of the independent appraiser, the cost of the construction has been computed at $3,854.72 (4%) for the property owners and $88,672.44 (96%) for the City of Fort Worth at large. The independent appraisal substantiates that, as a result of the proposed construction, each parcel of adjacent property will be enhanced in value by an amount equal to or greater than the proposed assessment. rs. Lunday re Mrs. Lunday advised the City Council that the report of Mr. Robert Martin &C G-8434 cont. regarding the enhancements to properties adjacent to Lawnwood Avenue from Paradise Street to South Judkins Street has been delivered to the City Council. There being no one present desiring to be heard, Council Member Webber made a motion, seconded by Mayor Pro tempore Gilley, that the hearing be closed and the assessments be levied as recommended with the exception that Lot 1, Block 58, Riverside Addition, be assessed $1,015.00 and Lot 12, Block 54, Riverside Addition, be assessed $985.00. When the motion was put to a vote by the Mayor, it prevailed unanimously. ntro duce d an Council Member Webber introduced an ordinance and made a motion that it be adopted. r dina nce The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES:, Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: rdi nance No. ORDINANCE NO. 10506 0506 ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF LAWNWOOD AVENUE, FROM PARADISE STREET TO SO. JUDKINS STREET, AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Minutes of City Council 0-3 Page 69 70 TUESDAY, JANUARY 30, 1990 M&C G-8437 re There was presented Mayor and Council Communication No. G-8437 from the City Transfer of Com- Manager, as follows: muni ty Development SUBJECT: TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESIDUAL FUNDS Block Grant RECOMMENDATION: It is recommended that the City Council authorize the City Manager to transfer the listed CDBG residual funds to the unprogrammed work phases detailed below. DISCUSSION: On April 17, 1984 (M&C C-8326), April 2, 1985 (M&C C-8933), April 29, 1986 (M&C G-6644), April 21, 1987 (M&C G-7041), and April 19, 1988 (M&C G-7539), the City Council approved the Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth Year Community Development Block Grant (CDBG) applications, respectively. These applications identified numerous projects and the amount of funds required to implement each activity. Many of these projects are now complete, or the scope of work has been reduced. As a result, funds are available for transfer to each program year's unprogrammed funds work phase for future reallocation. Listed below are projects, their residual balances, and the work phases to which funds are proposed for transfer. The balances marked by asterisks are all or partially encumbered and can now be released. REGULAR CDBG PROJECTS FROM PROJECT NO. PROJECT NAME AMOUNT TO PROJECT NO. CDBG Year XI 76-206080-39 Streetscape Magnolia $ 10,817.46 76-206080-99 CDBG Year XII 76-206081-15 NHS Home Ownership $ 7,118.68 76-206081-25 Como Playground $ 6,013.68 Total $ 13,132.36 76-206081-99 CDBG Year XIII 76-206082-14 NHS RLF #3 Admin $ 9,062.60 76-206082-43 Neighborhood Projects $ 15,000.00 76-206082-99 Total $ 24,062.60 CDBG Year XIV 76-206084-02 Contract Administration $ 22,079.40 76-206084-03 Clerical Support $ 5,740.13 76-206084-07 Planning & Community Development $ 6,251.95 76-206084-10 Fair Housing Assistance $ 10,702.30 76-206084-18 Housing Staff - HIL $ 19,782.71* Total $ 64,556.49 76-206084-99 INNOVATIVE HOUSING PROJECTS CDBG Year X 76-206079-95 Whispering Oaks $ 6,110.54* 76-206079-98 CDBG Year XI 76-206080-19 Urban Homestead Admin $ 20,216.97 76-206080-23 Whispering Oaks $ 14,142.00* 76-206080-96 Housing for the Homeless $ 8,350.00 Total $ 42,708.97 76-206080-21 M&C G-8437 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. G-8437, be adopted. M&C G-8438 re There was presented Mayor and Council Communication No. G-8438 from the City water replacement Manager recommending that a work authorization be authorized in accordance with AR3-3 for the water replacement in Darwood Avenue from Bigham Boulevard to Ridglea Avenue for a total estimated project cost of $70,404.52, with funds available in Water and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377408. It was the consensus of the City Council that the recommendation be adopted. M&C G-8439 re IThere was presented Mayor and Council Communication No. G-8439 from the City app t. of Barbara Manager recommending that his appointment of Ms. Barbara Durst to Place 1, and Mr. John durst, John Moly neauz and Tony W. marsalis, Daniel J Haase, Roger S. Jones and Martha M Stone to the Build ing Standards Com- mission Minutes of City Council 0-3 Page 70 71 TUESDAY, JANUARY 30, 1990 M&C G-8439 cont. Molyneaux to Place 3 on the Building Standards Commission be approved, confirmed, and ratified and that Mr. Tony W. Marsalis, Mr. Daniel J. Haase, Mr. Roger S. Jones, and Ms. Martha M. Stone be reappointed to Places 2, 4, 5, and 6, respectively. It was the consensus of the City Council that the recommendations be adopted. M&C G-8440 re There was presented Mayor and Council Communication No. G-8440 from the City temporary street closure for the Manager stating that the Anheuser-Busch Corporation will be displaying its famous Recreational Budweiser Clydesdales in front of the Convention Center on 9th Street; that the public Vehicle Show will be allowed to pet and take pictures with the horses; that, to insure the safety of spectators, Anheuser-Busch Company requests approval to close Main Street between 8th and 9th Streets and 9th Street between Houston and Commerce Streets on Saturday, February 3, 1990, from 11:00 a.m. until 4:00 p.m.; that Anheuser-Busch Company has provided a certificate of liability insurance and the necessary barricades for this event; and recommending that the request of Anheuser-Busch Corporation to close Main Street from 8th to 9th Streets and 9th Street from Houston to Commerce Streets on Saturday, February 3, 1990, from 11:00 a.m. until 4:00 p.m. be approved. It was the consensus of the City Council that the recommendation be adopted. M&C G-8441 re There was presented Mayor and Council Communication No. G-8441 from the City amending the Manager recommending that an ordinance be adopted amending Sections 29-71 and 29-91 of Signs ordinance Chapter 29, Signs of The Code of the City of Fort Worth (1986), as amended, regarding the installation of directional signs in and around the campuses of hospitals. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. Introduced an ordinance Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None' ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10507 10507 AN ORDINANCE AMENDING SECTIONS 29-71 AND 29-91 OF CHAPTER 29, "SIGNS", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING THERETO THE PROVISION THAT HOSPITALS AND HOSPITAL DISTRICTS PROPOSING TO ERECT SIGNS OR SIGN STRUCTURES PROHIBITED BY SUBSECTIONS (b) AND (c) OF SECTION 29-71 AND BY SECTION 29-91 THEREOF SHALL BE PERMITTED TO ERECT SAME, PROVIDED THAT SUCH SIGNS OR SIGN STRUCTURES ARE FOR THE PURPOSE OF PUBLIC INSTRUCTION, TRAFFIC CONTROL AND SIMILAR USES INCIDENTAL TO THE PUBLIC INTEREST AND ARE NOT BUSINESS SIGNS, AND PROVIDED FURTHER THAT THE CITY COUNCIL HAS APPROVED THE LOCATION OF SUCH SIGN OR SIGN STRUCTURES AND THAT THE HOSPITAL OR HOSPITAL DISTRICT HAS EXECUTED AN ENCROACHMENT AGREEMENT WITH THE CITY AND HAS SECURED A POLICY OF PUBLIC LIABILITY INSURANCE FOR SUCH ENCROACHMENT AS PROVIDED IN THE BUILDING CODE; PROVIDING FOR THIS ORDINANCE TO BE CUMULATIVE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND CODE PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 6. That the violation of any provision of this ordinance or of the Fort Worth City Code relating to signs and sign structures in the City shall be deemed to be an offense and punishable by a fine not exceeding Two Hundred Dollars ($200), and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance or the City Code shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 6, 8 and 9 of this ordinance for two (2) Minutes of City Council 0-3 Page 71 72 TUESDAY. JANUARY 30, 1990 Ordinance No. days in the official newspaper of the City of Fort Worth, Texas, as 10507 cont. authorized by Section 52.013, Texas Local Government Code. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. M&C G-8436 re There was presented Mayor and Council Communication No. G-8436 from the City encroachment Manager stating that Harris Methodist Fort Worth Hospital, through Mr. David O'Neal, agreement Vice President, is requesting permission to install a series of directional signs in the right-of-way of streets in and around the Harris Methodist Fort Worth Hospital campus; and recommending that the City Manager, or his designee, enter into a standard encroachment agreement with Harris Methodist Fort Worth Hospital, with such agreement allowing placement of various signs in the right-of-way of various streets around Harris Methodist Fort Worth. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. M&C G-8442 re There was presented Mayor and Council Communication No. G-8442 from the City settlement of clain Manager stating that Devaney Blankenship filed a claim for property damage that by Devaney Blank- occurred on January 3, 1990, at 4400 Little Road as a result of being struck by a City enship vehicle; that, while admitting no liability in this matter, the Risk Management Department has negotiated with Mrs. Blankenship and agreed to a settlement of $6,375.00 subject to City Council approval; stating that funds are available in City Self Insurance Fund 71, Account No. 15-71-10, Index Code 399154; and recommending that the City Council approve the settlement of all claims filed by Devaney Blankenship and authorize expenditure of $6,375.00 for the settlement agreed to by Mrs. Blankenship and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C G-8443 re There was presented Mayor and Council Communication No. G-8443 from the City land use ass ump- Manager recommending that a resolution be adopted adopting the land use assumptions to tions, Capital be used to develop a Capital Improvements Plan to which impact fee or fees may be improvements Plan imposed. It was the consensus of the City Council that the recommendation be adopted. Introduced a Council Member Chappell introduced a resolution and made a motion that it be Resolution:. adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Resolution No. RESOLUTION NO. 1500 1500 A RESOLUTION ADOPTING THE LAND USE ASSUMPTIONS THAT WILL BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN FOR WHICH AN IMPACT FEE OR FEES MAY BE IMPOSED. WHEREAS, the City of Fort Worth, Texas, is considering the adoption of certain impact fees for water and wastewater facilities as provided for by Chapter 395 of the Texas Local Government Code; and WHEREAS, Chapter 395 of the Texas Local Government Code requires the adoption of land use assumptions by the City of Fort Worth prior to the development of a Capital Improvements Plan for such facilities; and WHEREAS, proposed land use assumptions for wastewater facilities and land use assumptions for water facilities have been prepared and have been considered and recommended for approval by the Capital Improvements Plan Advisory Committee; and WHEREAS, Chapter 395 of the Texas Local Government Code requires a public hearing to be held for the purpose of considering land use assumptions to be used to develop a Capital Improvements Plan pursuant to which impact fees may be imposed; and WHEREAS, a Public Hearing was held on January 23, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The land use assumptions for water facilities, which consists of two documents hereto and incorporated by reference herein, Exhibits A and B are hereby approved as the basis for the development of a capital improvements plan pursuant to which impact fees for water facilities can be calculated and imposed. Exhibit A is a printed document setting forth population and Minutes of City Council 0-3 Page 72 73 TUESDAY, JANUARY 30, 1990 Resolution No. employment projections for the City's water service area and presenting a map 1500 cont. of the service area. Exhibit B comprises several revisions to Exhibit A, including amendments to the City's 2000 and 2010 service area boundaries and revised population estimates for the City of Burleson. . BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The land use assumptions to wastewater facilities, which consists of two documents hereto and incorporated by reference herein, Exhibits C and D are hereby approved as the basis for the development of a capital improvements plan pursuant to which impact fees for wastewater facilities can be calculated and imposed. Exhibit C is a printed document setting forth population and employment projections for the City's wastewater service area and presenting a map of the service area. Exhibit D comprises several revisions to Exhibit C, including amendments to the City's 2000 and 2010 service area boundaries and revised population estimates for the City of Burleson. M&C G-8444 re ' There was presented Mayor and Council Communication No. G-8444 from the City contract to Brain- Manager stating that Brainard Carriage Livery has been providing a unique horse-drawn and Carriage carriage sight-seeing service in downtown Fort Worth since 1983; that Brainard Livery requested in its letter of October 12, 1989, an extension of the privilege; that the SUBSTITUTION: Department of Law/Utilities Division has completed an investigation of the applicant's operations during the last six years and finds that Brainard has fulfilled responsibly PAR all contractual obligations for "For Hire" vehicles and has provided an attractive and RATE desirable service for visitors to the City; that the major deviations from the normal $500,000 past procedures in such grants of privilege are that staff recommends a five-year 7.650 contract term instead of the customary two-year term and that an increase in street -rental -use charges be authorized from $500.00 per year to $750.00; and recommending that the City Council approve a Certificate of Convenience and Necessity to Brainard Carriage Livery and authorize the City Manager to execute the contract for an additional five year term. It was the consensus of the City Council that the recommendation be adopted. M&C G-8445 re water main re- placement M&C G-8446 re release of U.S. Treasury There was presented Mayor and Council Communication No. G-8445 from the City Manager recommending that a work authorization be authorized in accordance with AR3-3 for the water main replacement in Wales Avenue from Welch Avenue to Walton Avenue by Water Department Field crews for a total estimated project cost of $65,910.67, with funds available in Water and Sewer Operating Fund 45, Account No. 60-70-04, Index Code 377408. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. G-8446 from the City Manager requesting that the City Council authorize the release of the following securities pledged to secure City deposits at Landmark Bank Fort Worth and held in safekeeping by Bank One, as follows: RELEASE: PAR SECURITY RATE MATURITY $500,000 U.S. Treasury Note 7.125 2/28/90 SUBSTITUTION: PAR SECURITY RATE MATURITY $500,000 FNMA 7.650 7/10/91 Mayor Pro tempore Gilley advised the City Council that he has a loan in access of $2,500.00 with Landmark and Alta Mesa Banks and that he will not vote on Mayor and Council Communication No. G-8446, Release/Substitution of Bank Held Collateral. Council Member Garrison advised the City Council that he is disqualified from voting on Mayor and Council Communication No. G-8446. . Council Member Chappell advised City Council that he is disqualified from voting on Mayor and Council Communication No. G-8446 because of a debt owed to Bank One. Council Member Zapata made a motion, seconded by Council Member McCray, that the recommendation, as contained in Mayor and Council Communication No. G-8446, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: 11 AYES: Mayor Bolen; Council Members Zapata, Granger, McCray, and Webber NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Gilley; Council Members Garrison and Chappell M&C G-8447 re cont. until of the There was presented Mayor and Council Communication No. G-8447 from the City agenda Manager recommending that the City Council authorize the release of the collateral Minutes of City Council 0-3 Page 73 74 TUESDAY, JANUARY 30, 1990 RECOMMENDATION: It is recommended that the City Council take the following action: 1. Adopt the attached Resolution which: a. . Authorizes the City to become a member of and participate in the Steering Committee of TU Electric Service Area Cities; b. Authorizes the Steering Committee to retain legal counsel and rate consultants, and intervene on the City's behalf in PUC Docket Nos. 9220, 9300 and related TU Electric rate case dockets; c. Suspends operation of the proposed TU Electric rates and tariffs for a period not to exceed 90 days beyond the date when the rates and tariffs would go into effect, i.e. until midnight, May 21, 1990; and i d. Authorizes the City Manager to pay to the Steering Committee the sum of $45,000, as Fort Worth's share of the rate case expenses. 2. Adopt the attached supplemental appropriations ordinance increasing appropriations in General Fund 01, Non -departmental Account No. 90-55-00 by $45,000 and decreasing the unreserved, undesignated fund balance of the General Fund 01 by a like amount. Minutes of City Council 0-3 Page 74 pledged by Alta Mesa National Bank and held in safekeeping by Bank One Fort Worth, as M&C G-8447 cont. follows: PAR SECURITY RATE MATURITY $500,000 FHLB s/k #107397 8.400 6/25/92 Mayor Bolen advised City Council that he is disqualified from voting on Mayor and Council Communication No. G-8447 because of his account with Alta Mesa Bank. Mayor Pro tempore Gilley advised the City Council of loans in access of $2,500.00 with Alta Mesa Bank and advised Council that he is disqualified from voting on Mayor and Council Communication No. G-8447. Council Members Chappell and Garrison advised Council that they are disqualified from voting on Mayor and Council Communication No. G-8447. E Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that Mayor and Council Communication No. G-8447 be continued until the end of the meeting. When the motion was put to a vote by the Mayor, it prevailed unanimously. Council Member Chappell requested that the City Attorney prepare an extremely narrow exception to the Ethics Code to cover bank collateral situations. There was presented Mayor and Council Communication No. G-8448 from the City M&C G-8448 re Manager stating that the City Council accepted the State Department Highways and Public payment to the . Transportation's Minute Order No.- 89068 relating to the design and construction of the State Department Alliance Boulevard and Park Vista (Eagle Parkway) interchanges and appurtenances on of Highways and IH 35W in the vicinity of Alliance Airport on August 8, 1989, by Mayor and Council public Transpor- Communication No. G-8156; that the minute order includes state funding of tation $18,700,000.00 and provides, among other things, that, if the City would provide ten percent of the cost of all non -donated right-of-way, the State would provide the remaining 90 percent of the cost; that the City Council authorized the City Manager to pay $33,800.00 to the State Department of Highways and Public Transportation for the City's ten percent share of the estimated cost on November 7, 1989, by Mayor and Council Communication No. C-11981 of purchasing right-of-way from the Mount Olivet Cemetary Association; that the City, through its Alliance interchange design consultant, has prepared the access road plans and has estimated the road's cost at $149,294.00; that the State Department of Highways and Public Transportation was advised of the access road's cost and was requested to include that amount in the right-of-way acquisition cost; that, accordingly, staff recommends that City convey to the SDHPT the amount of $149,294.00 so that the State Department of Highways and Public Transportation can conclude its negotiations with the Mount Olivet Cemetery Association and acquire the necessary right-of-way; and recommending that the City Manager be authorized to pay $149,294.00 to the State Department of Highways and Public Transportation to compensate the Mount Olivet Cemetary Association for extraordinary costs associated with the SDHPT's acquisition of right-of-way for the IH 35W/Alliance Boulevard interchange, and that a bond fund transfer in the amount of $149,294.00 be authorized from 90-136901-00, New Development Unspecified, to 90-136048-00, Alliance Interchange, to pay extraordinary right-of-way cost. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the recommendations were adopted. M&C G-8449 re There was presented Mayor and Council Communication No. G-8449 from the City Steering Committee Manager, as follows: SUBJECT: PARTICIPATION IN STEERING COMMITTEE TO STUDY TU ELECTRIC RATE CASES AND SUSPENSION OF PROPOSED RATES RECOMMENDATION: It is recommended that the City Council take the following action: 1. Adopt the attached Resolution which: a. . Authorizes the City to become a member of and participate in the Steering Committee of TU Electric Service Area Cities; b. Authorizes the Steering Committee to retain legal counsel and rate consultants, and intervene on the City's behalf in PUC Docket Nos. 9220, 9300 and related TU Electric rate case dockets; c. Suspends operation of the proposed TU Electric rates and tariffs for a period not to exceed 90 days beyond the date when the rates and tariffs would go into effect, i.e. until midnight, May 21, 1990; and i d. Authorizes the City Manager to pay to the Steering Committee the sum of $45,000, as Fort Worth's share of the rate case expenses. 2. Adopt the attached supplemental appropriations ordinance increasing appropriations in General Fund 01, Non -departmental Account No. 90-55-00 by $45,000 and decreasing the unreserved, undesignated fund balance of the General Fund 01 by a like amount. Minutes of City Council 0-3 Page 74 M&C G-8449 cont. II BACKGROUND: Texas Utilities Electric Company has filed with the City of Fort Worth, other cities and the Texas Public Utilities Commission (PUC Docket 9300) for an increase in rates. Such new rates have a proposed effective date of February 20, 1990. TUEC has under construction a two unit nuclear plant project known as the Commanche Peak Nuclear Generating System. The project cost is estimated to be approximately $10 billion. TUEC's recent filing seeks a rate increase of approximately $443,000,000 per year. This request reflects only the cost of the first unit of Commanche Peak. In addition, the Office of Public Utility Counsel has filed with the PUC a related petition inquiring into the prudence of TUEC's Commanche Peak project. The City is a regulatory authority -with a statutory duty to participate in such proceedings. Its citizens will be substantially affected by the rates established as a result of the proceedings. The economic development potential and competitiveness of the electric service area will also be profoundly affected by the rates established. The Steering Committee of TU Electric Service area cities was formed to facilitate and coordinate the participation of cities in the TUEC service area in those rate proceedings. The Steering Committee consists of approximately 40 cities which have elected an Executive Committee of representative cities (Midland, Fort Worth, Waco, Dallas, Grand Prairie, Irving, Denison/Sherman, Plano and Arlington). The Steering Committee proposes to study the nature of the rate cases, participate in all TUEC rate case dockets, and retain legal counsel and rate consultants. Each advance of ten cents per capita based on the latest TML population for the city as its share of the rate case expenses. Fort Worth's per capita participation would be $45,000. Reimbursement for such expenses will be sought from TUEC pursuant to the Texas Public Utility Regulatory Act. It is recommended that Fort Worth participate in the Steering Committee. To allow the City and the Committee sufficient time to analyze and prepare for hearing and decision on the requested rates, it is further recommended that City Council suspend operation of the proposed rates and tariffs until midnight May 21, 1990. FINANCING: Upon adoption of the attached supplemental appropriations ordinance, sufficient funds will be available in General Fund 01, Non -departmental Account No. 90-55-00 for these expenditures. The unreserved, undesignated fund balance in the General Fund 01 will be $28,342,917 after this action. Mr. Jeffery D. Mr. Jeffery D. Pulis, 3055 Odessa Avenue, appeared before the City Council and Pulis M&C G-8449 requested that the City Council give favorable consideration to the City's participation in the Steering Committee to study TU Electric rate case and suspension of proposed rates. Mr. Lon Burnam re Mr. Lon Burnam, 307 West 7th Street, No. 918, representing Texas Citizens in M&C G-8449 Action, appeared before the City Council and urged the City Council to adopt the resolution regarding City's participation in Steering Committee to study TU Electric rate cases and suspension of proposed rates. Ms. Kay Taebel re Ms. Kay Taebel, 1707 Rocky Canyon, Arlington, Texas, appeared before the City M&C G-8449 Council and expressed support of the participation of the City in the Steering Committee to study TU Electric rate cases and suspension of proposed rates and expressed an opposition in increase of rates. Mr. Art Brender re Mr. Art Brender, 4121 Hampshire, appeared before the City Council and expressed M&C G-8449 support of public hearings regarding stay of TU Electric rate cases and suspension of proposed rates. Mayor Pro tempore Gilley made a motion, seconded by Council Member Chappell, that the recommendations, as contained in Mayor and Council Communication No. G-8449, be adopted. When the motion was put to a vote by the Mayor, it prevailed unanimously. Introduced a Mayor Pro tempore Gilley introduced a resolution and made a motion that it be Resolution adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said resolution, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The resolution, as adopted, is as follows: Minutes of City Council 0-3 Page 75 Ns Resolution No. RESOLUTION NO. 1501 1501 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF TU ELECTRIC SERVICE AREA CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE STEERING COMMITTEE TO INTERVENE ON BEHALF OF THE CITY OF FORT WORTH IN THE TEXAS PUBLIC UTILITY COMMISSION TEXAS UTILITIES ELECTRIC COMPANY RATE CASE, RURAL RATE CASE, PUC DOCKET NO. 9220 (PRUDENCY INQUIRY) AND RELATED DOCKETS; SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TEXAS UTILITIES ELECTRIC COMPANY. WHEREAS, Texas Utilities Electric Company (TUEC) has filed with individual cities and the Texas Public Utility Commission (PUC Docket 9300) ("Rural Case") for an increase in rates, with such new rates to have a proposed effective date of February 20, 1990; and WHEREAS, TUEC has under construction a two -unit nuclear plant project known as the Comanche Peak Nuclear Generating Station ("Comanche Peak"), which project cost is expected to be approximately $10 billion and potentially a major component of such rate request; and WHEREAS, on December 22, 1989, the Office of Public Utility Counsel filed a petition of inquiry (PUC Docket 9220) with the Public Utility Commission of Texas inquiring into the prudence, efficiency and management of Comanche Peak; and WHEREAS, the City of Fort Worth, Texas ("City"), is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the economic development potential and competitiveness of the electric service area will be profoundly affected by the rates established; WHEREAS, the City is entitled to be reimbursed for its reasonable expenses pursuant to Section 24(a) of the Texas Public Utility Regulatory Act; and WHEREAS,' the Steering Committee of TU Electric Service Area Cities has been formed to facilitate and coordinate the participation of Cities in the service area of TUEC in these rate proceedings; and WHEREAS, the Steering Committee is currently negotiating with TUEC for the periodic reimbursement of the Cities' joint rate case expenses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That the City authorizes the Steering Committee of TU Electric Service Area Cities, of which the City is a participating member, to retain legal counsel and engage rate case consultants, and intervene on behalf of the City in PUC Docket No. 9220, filed by the Office of Public Utility Counsel, and 1 PUC Docket No. 9300 (TUEC Rural Case) filed by TUEC, and related dockets. II. The City authorizes payment to the Steering Committee of TU Electric Service Area Cities of ten cents (10®) per capita based upon the latest Texas Municipal League population figures for the City. In order to allow the City sufficient time to analyze and prepare for hearing and decision on any requested rate, the City Council of the City hereby suspends the operation of the proposed tariffs and schedules of rates which would otherwise go into effect for a period not to exceed ninety (90) days beyond the date on which the schedule of rates would otherwise go into effect, i.e., suspension until Midnight, May 21, 1990, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed, and shall continue in force until finally approved, modified or denied by the City Council. IV. The City Secretary shall cause copies of this resolution to be sent to the TUEC representative: T. Michael Ozmy Vice President Texas Utilities Electric Company 2001 Bryan Street, Suite 1900 Dallas, Texas 75201 Minutes of City Council 0-3 Page 76 ii Resolution No. and the Chairman of the Steering Committee: 1501 cont. Jay Doegey City Attorney Post Office Box 231 Arlington, Texas 76004-0231 Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be Ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10508 10508 AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND 01, NON -DEPARTMENTAL ACCOUNT NO. 90-55-00, CONSULTANT FEES DIVISION, OF THE CITY OF FORT WORTH BY THE SUM OF $45,000, AND DECREASING THE UNRESERVED, UNDESIGNATED FUND BALANCE OF THE GENERAL FUND 01 BY THE SAME AMOUNT FOR THE PURPOSE OF PAYING THE CITY'S SHARE OF THE RATE CASE EXPENSES RELATED TO THE STEERING COMMITTEE OF TU ELECTRIC SERVICE AREA CITIES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. Minutes of City Council 0-3 Page 77 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Mr. Jim Roane appeared before the City Council and spoke on behalf of the disabled Mr. Jim Roane citizens and requested that the City Council extend to the disabled citizens of Fort re homestead ex- Worth the same privileges extended to the senior citizens in regard to homestead emptions for handi- exemptions. Mr. Roane was advised the matter will be given serious consideration capped during the budget process. Mrs. Doris Light- Mrs. Doris Lightfoot, representing Fay Sherman, 2515 Grove Avenue, appeared before foot re dumping of the City Council regarding concrete debris dumped in Mrs. Sherman's back yard adjacent concrete debris on to Moore Avenue and requested that the City enforce the illegal dumping laws in order Moore Avenue to curtail illegal dumping that is taking place in the 2300-2500 blocks of Moore Street and to release; that Mrs. Sherman has been fined $235.00; and that Mrs. Sherman wishes to donate the land to the City of Fort Worth for a park. Mayor Bolen advised Mrs. Lightfoot that the matter would be reviewed. M&C G-8450 re There was presented Mayor and Council Communication No. G-8450 from the City Sale of Solid Waste Manager, as follows: Management Revenue Bonds SUBJECT: SALE OF $1,250,000 CITY OF FORT WORTH, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE BONDS, SERIES 1990 RECOMMENDATION: It is recommended: 1. That the City Council adopt a resolution approving the "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement" prepared in connection with the issuance of $1,250,000 City of Fort Worth, TexAs, Solid Waste Management System Revenue Bonds, Series 1990. 2. The the $1,250,000 City of Fort Worth, Texas Series 1990, be sold to the bidder offering the lowest interest cost, $327,787.50, at an average effective interest rate of 6.894741% and the City Council adopt Ordinance No. 10500 authorizing the issuance of the bonds. 3. That the firm of McCall, Parkhurst and Horton be engaged to furnish the purchasers opinion of the bonds; and, Minutes of City Council 0-3 Page 77 W TUESDAY, JANUARY 30, 1990 M&C G-8450 cont. 4. That the firm of First Southwest Company perform the financial consulting services for this sale in accordance with City Secretary Contract #14801. DISCUSSION: Bids for $1,250,000 City of Fort Worth, Texas, Solid Waste Management System Revenue Bonds, Series 1990, were received today (Tuesday, January 30, 1990) at 10:00 a.m. A summary of the average annual effective rates for the bids is shown below: MERRILL LYNCH CAPITAL MARKETS 6.894741 PRUDENTIAL-BACHE SECURITIES KIDDER PEABODY & CO. 6.9637 LOVETT UNDERWOOD NEUHAUS & WEBB, INC. 6.968580 SMITH BARNEY, HARRIS UPHAM & COMPANY 6.9744 DEAN WITTER REYNOLDS, INC. 7.2832822 SHEARSON LEHMAN HUTTON, INC. 7.365644 On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendations, as contained in Mayor and Council Communication No. G-8450, were adopted. (See subsequent reconsideration and action.) Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Chappell. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10500 10500 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF FORT WORTH, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE BONDS, SERIES 1990 THE STATE OF TEXAS . COUNTIES OF TARRANT AND DENTON CITY OF FORT WORTH WHEREAS, the City of Fort Worth, Texas (the "City" or the "Issuer") is a "Home -Rule City", acting as such under the Constitution and laws of the State of Texas, and has a population in excess of 90,000; and WHEREAS, the City Council of the City of Fort Worth, Texas (the "City") is authorized by Chapter 363, Texas Health and Safety Code (the "Act"), to acquire, construct, improve, enlarge, and repair all or part of a solid waste management system and to issue bonds of the City for such purposes; and WHEREAS, the City Council considers it in the best interest of the City to issue bonds pursuant to the Act and other applicable laws, including Article 717q, V.A.T.C.S., for the purpose of acquiring, constructing, improving, enlarging and repairing all or part of a solid waste management system located in the City; and WHEREAS, the City Council hereby finds and determines that the issuance of revenue bonds in the total principal amount hereinafter authorized should be undertaken at this time. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. BONDS AUTHORIZED. That the City's bonds (the "Series 1990 Bonds") are hereby authorized to be issued in the aggregate principal amount of $1,250,000 for the purpose of acquiring, constructing, improving, enlarging and repairing all or part of the City's solid waste management system, to -wit: improving and expanding the Southeast sanitary landfill. The Series 1990 Bonds shall be designated as the "City of Fort Worth, Texas Solid Waste Management System Revenue Bonds, Series 1990". Section 2. DATE AND MATURITIES. That the Series 1990 Bonds shall be dated February 1, 1990, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: Minutes of City Council 0-3 Page 78 i9 TUESDAY JANUARY 30 1990 Ordinance No. MATURITY DATE: MARCH 1 10500 cont. YEARS AMOUNTS 1991 $175,000 1992 175,000 1993 200,000 1994 225,000 1995 225,000 1996 250,000 Section 3. RIGHT OF PRIOR REDEMPTION. The Series 1990 Bonds shall not be subject to redemption at the option of the City. Section 4. INTEREST. That the Series 1990 Bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: Bonds maturing in the year 1991, % Bonds maturing in the year 1992, % Bonds maturing in the year 1993, % Bonds maturing in the year 1994, % Bonds maturing in the year 1995, % Bonds maturing in the year 1996, % Said interest shall be payable to the registered owner of any such Series 1990 Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 5. REGISTRATION; TRANSFER; PAYING AGENT/REGISTRAR. (a) That the City shall keep or cause to be kept at the principal corporate trust office of MTrust Corp, National Association, Fort Worth, Texas or such other bank, trust company, financial institution, or other agency named in accordance with the provisions of (g) of this Section hereof (the "Paying Agent/Registrar") books or records of the registration and transfer of the Series 1990 Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each bond to which payments with respect to the Series 1990 Bonds shall be mailed, as herein provided. The City or its designee shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Series 1990 Bond may be transferred in the Registration Books only upon presentation and surrender of such bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment of the bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and the right of such assignee or assignees to have the bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Series 1990 Bond or any portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the manner herein provided. (b) The entity in whose name any Series 1990 Bond shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Series 1990 Bonds, and to act as its agent to exchange or replace Series 1990 Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Series 1990 Bonds, and of all exchanges of such bonds, and all replacements of such bonds, as provided in this Ordinance. (d) Each Series 1990 Bond may be exchanged for fully registered bonds in the manner set forth herein. Each bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal amount thereof, may, upon surrender of such bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees Minutes of City Council 0-3 Page 79 Ordinance No. thereof, or its or their duly authorized attorneys or representatives, with 10500 cont. guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple thereof (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal amount of any Series 1990 Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Series 1990 Bond shall be redeemed prior to its scheduled maturity as provided herein, a substitute bond or bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Series 1990 Bond or portion thereof is assigned and transferred, each bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the bond for which it is being exchanged. Each substitute bond shall bear a letter and/or number to distinguish it from each other bond. The Paying Agent/Registrar shall exchange or replace Series 1990 Bonds as provided herein, and each fully registered bond or bonds delivered in exchange for or replacement of any Series 1990 Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Series 1990 Bonds for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Series 1990 Bond delivered in exchange for or replacement of another Series 1990 Bond prior to the first scheduled interest payment date on the Series 1990 Bonds (as stated on the face thereof) shall be dated the same date as such Series 1990 Bond, but each substitute bond so delivered on or after such first scheduled interest payment date shall be dated as of the interest payment date preceding the date on which such substitute bond is delivered, unless such substitute bond is delivered on an interest payment date, in which case it shall be dated as of such date of delivery; provided, however, that if at the time of delivery of any substitute bond the interest on the bond for which it is being exchanged has not been paid, then such substitute bond shall be dated as of the date to which such interest has been paid in full. On each substitute bond issued in exchange for or replacement of any Series 1990 Bond or Bonds issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication Certificate, in the form hereinafter set forth. An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such substitute bond, date such substitute bond in the manner set forth above, and manually sign and date such Certificate, and no such substitute bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Series 1990 Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the City Council or any other body or person so as to accomplish the foregoing exchange or replacement of any Series 1990 Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute bonds in the manner prescribed herein, and said bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Article 717k-6, V.A.T.C.S., and particularly Section 6 thereof, the duty of exchange or replacement of any Series 1990 Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above-described Paying Agent/Registrar's Authentication Certificate, the exchanged or replaced bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Series 1990 Bonds which originally were delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (e) All Series 1990 Bonds issued in exchange or replacement of any other Series 1990 Bond or portion thereof (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Series 1990 Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be exchanged for other Series 1990 Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Series 1990 Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND set forth in this Ordinance. (f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and charges for making transfers of Series 1990 Bonds, but the registered owner of any Series 1990 Bond requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The registered owner of any Series 1990 Bond requesting any exchange shall pay the Paying Agent/Registrar's reasonable and standard or customary fees and charges for exchanging any such bond or portion thereof, together with any taxes or governmental charges required to be paid with Minutes of City Council 0-3 Page 80 on• TUESDAY, JANUARY 30 1990 Ordinance No. respect thereto, all as a condition precedent to the exercise of such 10500 cont. privilege of exchange, except, however, that in the case of the exchange of an assigned and transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and in the case of the exchange of a portion the unredeemed portion of a Series 1990 Bond which has been redeemed in part prior to maturity, as provided in this Ordinance, such fees and charges will be paid by the City. In addition, the City hereby covenants with the registered owners of the Series 1990 Bonds that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Series 1990 Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Series 1990 Bonds solely to the extent above provided, and with respect to the exchange of Series 1990 Bonds solely to the extent above provided. (g) The City covenants with the registered owners of the Series 1990 Bonds that at all times while the Series 1990 Bonds are outstanding the City will provide a competent and legally qualified bank or trust company to act as and perform the services of Paying Agent/Registrar for the Series 1990 Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act.as such, the City covenants that promptly it will appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and whose qualifications substantially are similar to the previous Paying Agent/Registrar to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Series 1990 Bonds, to the new Paying Agent/Registrar designated and appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Series 1990 Bonds, by United States mail, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF BONDS. That the form of all Series 1990 Bonds, including the form of the Paying Agent/Registrar's Certificate, the Form of Assignment, and.the form of the Comptroller's Registration Certificate to accompany the Series 1990 Bonds on the initial delivery thereof, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance: FORM OF BOND: NO. $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF TARRANT AND DENTON CITY OF FORT WORTH, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE BOND SERIES 1990 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP February 1, 1990 ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH, TEXAS (the; "Issuer"), hereby promises to pay to , or to the registered assignee hereof either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, from the date of this Bond specified above, to the date of its scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on September 1, 1990, and semiannually on each March 1 and September 1 thereafter, except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than September 1, 1990, such interest is payable semiannually on each March 1 and September 1 following such date. Minutes of City Council 0-3 Page 81 EGO TUESDAY, JANUARY 30, 1990 Ordinance No. THE TERMS AND PROVISIONS of this Bond are continued on the reverse side 10500 cont. hereof and shall for all purposes have the same effect as though fully set forth at this place.. *THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of MTrust Corp, National Association, Fort Worth, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that no later than each principal payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. *IN THE EVENT of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. *IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. "THIS BOND is one of a series of bonds of like tenor and effect except as to number, principal amount, interest rate, and maturity, dated the Original Issue Date specified above, aggregating One Million Two Hundred Fifty Thousand Dollars ($1,250,000) (herein sometimes called the "Bonds"), issued for the purpose of acquiring, constructing, enlarging and repairing all or part of the City's solid waste management system (the "System"), to -wit: improving and expanding the Southeast sanitary landfill. *ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the ordinance authorizing the Bonds (the "Ordinance"), this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The one requesting such exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case of the exchange Minutes of City Council 0-3 Page 82 TUESDAY JANUARY 30 1990 Ordinance No. of a portion of a Bond which has been redeemed prior to maturity, as provided 10500 cont. herein, and in the case of the exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. *IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, whose qualifications substantially are similar to the previous Paying Agent/Registrar it is replacing, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. *BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof and the Issuer. *THE ISSUER has reserved the right, subject to the restrictions stated, and adopted by reference, in the Ordinance, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the Pledged Revenues (as defined in the Ordinance) of the System. *THE REGISTERED OWNER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation, or from any source whatsoever other than the aforesaid Pledged Revenues. IT IS HEREBY certified and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; that this Bond is a special obligation; and that the principal of and interest on this Bond are payable from, and secured by a first lien on and pledge of, the Pledged Revenues, as defined in the Ordinance authorizing this Series of Bonds, and which include the Gross Revenues of the System. IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of said City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and approved as to form and legality by the imprinted or lithographed facsimile signature of the City Attorney, and the official seal of said City has been duly affixed to, printed, lithographed or impressed on this Bond. ATTEST: CITY OF FORT WORTH, TEXAS By Mayor City Secretary (SEAL) APPROVED AS TO FORM AND LEGALITY: City Attorney FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Ordinance described on the face of this Bond; and that this Bond has been issued in exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated MTRUST CORP, NATIONAL ASSOCIATION Fort Worth, Texas Paying Agent/Registrar By Authorized Representative Minutes of City Council 0-3 Page 83 FORM OF ASSIGNMENT: Ordinance No. ASSIGNMENT 10500 cont. FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee Please print or typewrite name and address, including zip code of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed:. NOTICE: Signatures(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlarge- ment or any change whatsoever. **. (FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE BONDS UPON INITIAL DELIVERY THEREOF) OFFICE OF COMPTROLLER REGISTER NO. STATE OF TEXAS I hereby certify that there is on file and or record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding special obligation of the City of Fort Worth, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas Comptroller of Public Accounts of the State of Texas (SEAL) NOTE TO PRINTER: *9s to be on reverse side of bond **I not to be on bond Section 7. DEFINITIONS. That, as used in this Ordinance, the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The term "Act" shall mean the "Comprehensive Municipal Solid Waste Management, Resource Recovery and Conservation Act", Chapter 363, Texas Health and Safety Code. ( b ) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in the future, as provided in this Ordinance. (c) The term "Amortization Installment", with respect to any Term Bonds of any series of Additional Bonds, shall mean the amount of money which is required to be deposited into the Mandatory Redemption Account for retirement of such Term Bonds (whether at maturity or by mandatory redemption and including redemption premium, if any) provided that the total Amortization Minutes of City Council 0-3 Page 84 TUESDAY,. JANUARY 30, 1990 Ordinance No. Installments for such Term Bonds shall be sufficient to provide for 10500 cont. retirement of the aggregate principal amount of such Term Bonds. (d) The term "Eligible Investments" shall mean those investments in which the City is authorized by law, including, but not limited to, the Public Funds Investment Act of 1987 (Article 842a-2, V.A.T.C.S.), as amended, to purchase, sell and invest its funds and funds under its control. (e) The term "Bonds" shall mean the Series 1990 Bonds. (f) The terms "City" and "Issuer" shall mean the City of Fort Worth, Texas. (g) The term "Code" shall mean the Internal Revenue Code of 1986, as amended. (h) The term "Credit Facility" shall mean a policy of municipal bond insurance, a surety bond or a bank letter or line of credit issued by a Credit Facility Provider to cause the amount on deposit in the Reserve Fund to satisfy the Required Amount.. (i) The term "Credit Facility Provider" shall mean (i) with respect to any Credit Facility consisting of a policy of municipal bond insurance or a surety bond, an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations such as the Bonds, provided that a Rating Agency having an outstanding rating on the Bonds would rate the Bonds fully insured by a standard policy issued by the issuer in its highest generic rating category for such obligations; and (ii) with respect to any Credit Facility consisting of a letter or line of credit, any bank, provided that a Rating Agency having an outstanding rating on the Bonds would rate the Bonds in its two highest generic rating categories for such obligations if the letter or line of credit proposed to be issued by such bank secured the timely payment of the entire principal amount of the series of Bonds and the interest thereon. (j) The term "Credit Obligation" shall mean, to the extent permitted by law, any obligation of the City under a contract, lease, installment sales agreement, or other instrument, with another entity to make payments out of revenues of the System for power, energy, water or other property, services or commodities for the benefit of the System, on a basis that such must be paid for whether or not the same are made available, furnished or received and whether or not the entity selling such services or commodities is amortizing its capital costs with such payments. (k) The term "Fund" shall mean any fund created, established and maintained under the terms of any ordinance authorizing the issuance of Bonds or Additional Bonds. (1) The terms "Gross Revenues of the City's System" and "Gross Revenues" shall mean all revenues, income, and receipts of every nature nor or hereafter derived or received by the City from the operation and ownership of the System, including, to the extent permitted by law, the interest income from the investment or deposit of money in any Fund created by this Ordinance, or maintained by the City in connection with the System. (m) The term "Independent Solid Waste Management Consultant" shall mean a consultant experienced in evaluating the performance of Solid Waste Management Systems and who is not an employee of the City. (n) The term "Interest and Sinking Fund" shall have the meaning given to such terms in Section 10 of this Ordinance. (o) The term "Mandatory Redemption Account" shall mean that account within the Interest and Sinking Fund described in Section 14(c) of this Ordinance. (p) The term "Operating and Maintenance Expenses" shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Series 1990 Bonds or Additional Bonds. Operating and Maintenance Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility, or payments made on or in respect of Credit Obligations. Depreciation, and payments from the Revenue Fund to other funds established in this Ordinance, shall never be considered as expenses of operation and maintenance. (q) The term "Paying Agent/Registrar" shall mean the financial institution specified in Section 5(a) hereof, or its herein permitted successors and assigns. Minutes of City Council 0-3 Page 85 • • TUESDAY, JANUARY 30, 1990 Ordinance No. (r) The term "Pledged Revenues" shall mean 10500 cont. (1) the Gross Revenues, plus (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which under the Act may hereafter be pledged to the payment of the Bonds or Additional Bonds. (s) The term "Project Fund" shall have the meaning given such term in Section 12 of this Ordinance. (t) The term "Rating Agency" shall mean any nationally recognized securities rating agency which has assigned a rating to the Bonds or the Additional Bonds. (u) The term "Required Amount" shall have the meaning given such term in Section 16 of this Ordinance. (v) The term "Reserve Fund" shall have the meaning given such term in Section 11 of this Ordinance. (w) The term "Reserve Fund Obligations" shall mean cash, Eligible Investments, any Credit Facility, or any combination of the foregoing. (x) The term "Resource Recovery System" shall have the meaning given such term by the Act. (y) The term "Revenue Fund" shall have the meaning given such term in Section 9 of this Ordinance. (z) The term "Series 1990 Bonds" shall mean the City of Fort Worth, Texas Solid Waste Management System Revenue Bonds, Series 1990, authorized by this Ordinance. (aa) the term "Solid Waste Management" shall have the meaning given such term by the Act. (bb) the term "Solid Waste Management System" shall have the meaning given such term by the Act (cc) The term "System" shall mean and include the City's Solid Waste Management System, including the City's Resource Recovery System, if any, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any facilities, which are declared by the City not to be a part of the System and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not secured by or payable from the Pledged Revenues as defined herein, but which are secured by and payable solely from special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (dd) The term "Term Bonds" means those Additional Bonds so designated in the ordinance or ordinances authorizing such bonds, which shall be subject to retirement by operation of the Mandatory Redemption Account. (ee) The term "Value of Investment Securities" and words of like import shall mean the amortized value thereof, provided, however, that all United States of America, United States Treasury Obligations --State and Local Government Series shall be valued at par and those obligations which are redeemable at the option of the holder shall be valued at the price at which such obligations are then redeemable. The computations made under this paragraph shall include accrued .interest on the investment securities paid as a part of the purchase price thereof and not collected. For the purposes of this definition "amortized value", when used with respect to a security purchased at par means the purchase price of such security and when used with respect to a security purchased at a premium above or discount below par, means as of any subsequent date of valuation, the value obtained by dividing the total premium or discount by the number of interest payment dates remaining to maturity on any. such security after such purchase and by multiplying the amount as calculated by the number of interest payment dates having passed since the date of purchase and (i) in the case of a security purchased at a premium, by deducting the product thus obtained from the purchase price, and (ii) in the case of a security purchased at a discount, by adding the product thus obtained to the purchase price. Minutes of City Council 0-3 Page 86 TUESDAY. JANUARY 30. 1990 Ordinance No. (ff) The term "year" shall mean the regular fiscal year used by the City 10500 cont. in connection with the operation of the System, which may be any twelve consecutive months period established by the City. Section 8. PLEDGE. That the Bonds and any Additional Bonds are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues; and the Pledged Revenues are further pledged to the establishment and maintenance of the Interest and Sinking Fund and the Reserve Fund as hereinafter provided. The Bonds and any Additional Bonds are and will be secured by and payable only from the Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties, whether real, personal, or mixed, constituting the System. Section 9. REVENUE FUND. That there is hereby created, and established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Fort Worth, Texas Solid Waste Management Operating Fund" (hereinafter called the "Revenue Fund"). All Pledged Revenues shall be credited to the Revenue Fund immediately upon receipt. All current Operating and Maintenance Expenses shall be paid from such Gross Revenues after the transfers have been made to the Interest and Sinking Fund and to the Reserve Fund as provided in Section 15 of this Ordinance. Section 10. INTEREST AND SINKING FUND. (a) That for the sole purpose of paying the principal of and interest on all Bonds and any Additional Bonds, as the same come due, there is hereby created, and established and maintained on the books of the City, a separate fund to be entitled the "City of Fort Worth, Texas Solid Waste Management System Revenue Bonds Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund"). Monies in said Fund shall be maintained at an official depository bank of the City. (b) That within the Interest and Sinking Fund there may be established the Mandatory Redemption Account, into which account shall be credited the Amortization Installments which shall be used for the payment of the principal of Term Bonds as the same shall come due, whether by maturity thereof or by redemption, through the operation of the Mandatory Redemption Account as herein provided. Section 11. RESERVE FUND. (a) That there is hereby created, and established and maintained on the books of the City, a separate fund to be entitled the "City of Fort Worth, Texas Solid Waste Management System Revenue Bonds Reserve Fund" (hereinafter called the "Reserve Fund"). There shall be deposited into the Reserve Fund any Reserve Fund Obligations so designated by the City. Reserve Fund Obligations in the Reserve Fund shall be deposited and maintained in the official depository bank of the City. Reserve Fund Obligations in the Reserve Fund shall be used solely for the purpose of retiring the last of any Bonds or Additional Bonds when and to the extent the amount in the Interest and Sinking Fund are insufficient for such purpose. (b) The City may replace or substitute a Credit Facility for cash or Eligible Investments on deposit in the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such replacement or substitution, cash or Eligible Investments on deposit in the Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in excess of the Required Amount may be withdrawn by the City, at its option, and transferred to the Revenue Fund; provided that the face amount of any Credit Facility may be reduced at the option of the City in lieu of such transfer. (c) If the City is required to make a withdrawal from the Reserve Fund for any of the purposes described in this Section, the City shall promptly notify any applicable Credit Facility Provider of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal FIRST from available moneys or Eligible Investments then on deposit in the Reserve Fund, and NEXT from a drawing under any Credit Facility to the extent of such deficiency. (d) In the event that on the date of termination or expiration of any Credit Facility there is not on deposit in the Reserve Fund sufficient Reserve Fund Obligations, all in an aggregate amount at least equal to the Required Amount, then the City shall satisfy the Required Amount by depositing Reserve Fund Obligations into the Reserve Fund in monthly installments of not less than 1/60 of the Required Amount made on or before the 25th day of each month following such termination or expiration. (e) In the event of the redemption of any Series 1990 Bonds or Additional Bonds in whole, any Reserve Fund Obligations on deposit in the Reserve Fund in excess of the Required Amount immediately after such redemption may be withdrawn and transferred, at the option of the City, to the Revenue Fund. (f) In the event there is a draw upon the Credit Facility, the City shall reimburse the Credit Facility Provider for such draw, in accordance with the terms of any agreement pursuant to which the Credit Facility is Minutes of City Council 0-3 Page 87 TUESDAY, JANUARY 30, 1990 Ordinance No. issued, from Pledged Revenues, however, such reimbursement from Pledged 10500 cont. Revenues shall be subordinate and junior in right of payment to the payment of principal of and premium, if any, and interest on the Priority Bonds. (g) Upon the issuance of Additional Bonds the monies in the Reserve Fund shall be increased to the newly established Required Amount in accordance with the provisions of Section 19(b) of this Ordinance. Section 12. PROJECT FUND. That there is hereby created and established and maintained on the books of the City a separate fund to be entitled the "City of Fort Worth, Texas Solid Waste Management System Series 1990 Project Fund" (herein defined as the "Project Fund"). Monies in the Project Fund shall be maintained in an official depository bank of the City. All proceeds from the sale of the Series 1990 Bonds, less proceeds to be deposited to the credit of the Interest and Sinking Fund (including any accrued interest on the Series 1990 Bonds), or proceeds to be deposited to the credit of the Reserve Fund, shall be deposited to the credit of the Project Fund. Money in the Project Fund shall be subject to disbursement by the City for payment of, or for reimbursement of the City for payment of, lawful costs associated with the System. Any amounts remaining in the Project Fund, upon the completion of project costs, as evidenced by a completion certificate filed by the City with said depository bank and the Paying Agent/Registrar, and not identified in writing to said depository bank by the City as necessary for the payment of such costs shall be transferred by said depository bank to the Paying Agent/Registrar to be deposited to the credit of the Interest and Sinking Fund, except to the extent such monies are subject to rebate to the United States as provided in Section 24 of this Ordinance. Section 13. DEPOSITS OF PLEDGED REVENUES; INVESTMENTS. (a) That the Pledged Revenues shall be deposited in the Interest and Sinking Fund and the Reserve Fund when and as required by this Ordinance. (b) That money in any such Fund may, at the option of the City, be placed or invested, in Eligible Investments. If monies in a Fund are permitted to be invested, the value of any such Fund shall be established by adding the monies therein to the Value of Investment Securities. Money in the Reserve Fund shall not be deposited or invested in Eligible Investments maturing later than the final maturity of the Bonds and Additional Bonds. The Value of Investment Securities shall be established annually as of the last day of each year and in addition thereto, with respect to the Reserve Fund, shall be established within thirty (30) days prior to the issuance of the Bonds and Additional Bonds and at the time or times withdrawals are made therefrom. Such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds or Additional Bonds. Section 14. FUNDS SECURED. That money in all such Funds, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the City. (3) such amounts, deposited in monthly installments on or before the 25th day of each month as may hereafter be required, as Amortization Installments for Term Bonds; and (4) such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Series 1990 Bonds Minutes of City Council 0-3 Page 88 Section'15. FLOW OF FUNDS. (a) That promptly after the delivery of the Bonds the City shall cause to be deposited to the credit of the Interest and Sinking Fund any accrued interest received from the sale and delivery of the Bonds, and any such deposit shall be used to pay part of the interest next coming due on the Bonds. (b) That in addition to all amounts heretofore required to be deposited to the credit of the Interest and Sinking Fund, the City shall transfer from the Pledged Revenues and deposit to the credit of the Interest and Sinking Fund and Reserve Fund the amounts, at the times, as follows: (1) such amounts, deposited in approximately equal monthly installments on or before the 25th day of each month hereafter, commencing with the month during which the Series 1990 Bonds are delivered, or the month thereafter if delivery is made after the 25th day thereof, as will be sufficient, together with other amounts, if any, then on hand in the Interest and Sinking Fund and available for such purpose, to pay the interest scheduled to accrue and come due on the next succeeding interest payment date; (2) such amounts, deposited in approximately equal monthly installments on or before the 25th day of each month hereafter, commencing with the month during which the Series 1990 Bonds are delivered, or the month thereafter if delivery is made after the 25th day thereof, as will be sufficient, together with other amounts, if any, then on hand in the Interest and Sinking Fund and available for such purpose, to pay the principal scheduled to mature and come due on the Bonds on the next succeeding principal payment date; (3) such amounts, deposited in monthly installments on or before the 25th day of each month as may hereafter be required, as Amortization Installments for Term Bonds; and (4) such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Series 1990 Bonds Minutes of City Council 0-3 Page 88 L• TUESDAY, JANUARY 30, 1990 Ordinance No. are delivered, or the month thereafter if delivery is made after the 10500 cont. 25th day thereof, equal to not less than 1/60 of the Required Amount, until such time as such amounts together with other amounts, if any, in the Reserve Fund, equal the Required Amount. When, and so long as the Reserve Fund Obligations in the Reserve Fund are not less than the Required Amount, no deposits need be made to the credit of the Reserve Fund. When and if the Reserve Fund at any time contains less than the Required Amount due to any cause or condition other than the issuance of Additional Bonds, then, subject and subordinate to making the required deposits to the credit of the Interest and Sinking Fund, commencing with the month during which such deficiency occurs, such deficiency shall be made up from the next available Pledged Revenues or from any other sources available for such purpose. Reimbursements to a Credit Facility Provider made in accordance with the terms of Section 11(f) of this Ordinance shall constitute the making up of a deficiency to the extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of the Credit Facility. If the Reserve Fund contains less than the Required Amount due to the issuance of Additional Bonds deposits shall be made to the Reserve Fund commencing during the month and in the amounts required by Section 19(b) of this Ordinance, unless a Credit Facility is deposited in the Reserve Fund in an amount necessary to cause the sum of money and the Value of Investment Securities and any other Credit Facilities in the Reserve Fund to equal the Required Amount. (c) OPERATION OF MANDATORY REDEMPTION ACCOUNT. The City shall apply the monies in the Mandatory Redemption Account to the retirement of the Term Bonds required to be retired by mandatory redemption under the provisions of ordinances hereafter passed authorizing Term Bonds, by either redemption or prior purchase in the open market, all in the manner as shall be provided in such ordinances. SECTION 16. RESERVE REQUIREMENTS. That, concurrently with the delivery of the Series 1990 Bonds to the purchasers thereof the City shall deposit to the credit of the Reserve Fund, from legally available sources other than the proceeds from the sale of the Series 1990 Bonds, $ , which amount equals the average annual principal and interest requirements for the Series 1990 Bonds. The City hereby covenants that the Reserve Fund shall be maintained in an amount equal to the average annual principal and interest requirements (including Amortization Installments) of the outstanding Bonds and Additional Bonds (the "Required Amount"), as provided in Section 15 of this Ordinance. Section 17. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) That if on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund and the Reserve Fund, then such deficiency shall be made up as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. (b) That, subject to making the required deposits to the credit of the Interest and Sinking Fund and the Reserve Fund, and following the payment of current Operating and Maintenance Expenses, when and as required by this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, the excess Pledged Revenues may be used by the City for any lawful purpose not inconsistent with the City's Charter. Section 18. PAYMENT OF BONDS AND ADDITIONAL BONDS. That on or before September 1, 1990, and semiannually on or before each March 1 and September 1 thereafter while any of the Bonds or Additional Bonds are outstanding and unpaid, the City shall make available to the Paying Agent/Registrar therefor, out of the Interest and Sinking Fund (and the Reserve Fund if necessary) money sufficient to pay such interest on and such principal of the Bonds and Additional Bonds as shall become due and mature on such dates, respectively, at maturity or by redemption prior to maturity. The Paying Agent/Registrar shall destroy all paid Bonds and Additional Bonds and furnish the City with an appropriate certificate of cancellation or destruction. Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) That any Bond or Additional Bond shall be deemed to be paid, retired and no longer outstanding within the meaning of this Ordinance when payment of the principal of, redemption premium, if any, on such Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for by irrevocably depositing with, or making available to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2) Government Obligations, as hereinafter defined in this Section, certified by an independent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such paying agent pertaining to the Bonds and Additional Bonds with respect Minutes of City Council 0-3 Page 89 Z TUESDAY, JANUARY 30, 1990 Ordinance No. to which such deposit is made shall have been paid or the payment thereof 10500 cont. provided for to the satisfaction of such paying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefit of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government Obligations. (b) That any moneys so deposited with a paying agent may, at the direction of the City, also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be remitted to the City. (c) That the City covenants that no deposit will be made or accepted under clause (a) (ii) of this Section and no use made of any such deposit which would cause the Bonds or any Additional Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code. (d) That for the purpose of this Section, the term "Government Obligations" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America. (e) That notwithstanding any other provisions of this Ordinance, all money or Government Obligations set aside and held in trust pursuant to the provisions of this Section for the payment of Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, shall be applied to and used for the payment of such Bonds and Additional Bonds, the redemption premium, if any, and interest thereon. Section 20. ADDITIONAL BONDS. (a) That the City shall have the right and power at any time and from time to time and in one or more series or issues, to authorize, issue and deliver additional parity revenue bonds, in accordance with law, in any amounts, for purposes of acquiring, constructing, improving, enlarging or repairing the System or for the purpose of refunding of any Bonds, Additional Bonds or other obligations of the City incurred in connection with the ownership or operation of the System. Such Additional Bonds, if and when authorized, issued and delivered in accordance with this Ordinance, shall be secured by and made payable equally and ratably on a parity with the Bonds, and all other outstanding Additional Bonds, from a first lien on and pledge of the Pledged Revenues. (b) That the Interest and Sinking Fund and the Reserve Fund established by this Ordinance shall secure and be used to pay all Additional Bonds as well as the Bonds. However, each ordinance under which Additional Bonds are issued shall provide and require that, in addition to the amounts required by the provisions of this Ordinance and the provisions of any other ordinance or ordinances authorizing Additional Bonds to be deposited to the credit of the Interest and Sinking Fund, the city shall deposit to the credit of the Interest and Sinking Fund at least such amounts as are required for the payment of all principal of and interest on said Additional Bonds then being issued, as the same come due; and that the aggregate amount to be accumulated and maintained in the Reserve Fund shall be increased (if and to the extent necessary) to an amount not less than the average annual principal and interest requirements (including Amortization Installments) of all Bonds and Additional Bonds which will be outstanding after the issuance and delivery of the then proposed Additional Bonds; and that the required additional amount shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash immediately after the delivery of the then proposed Additional Bonds, or, at the option of the City, by the deposit of said required additional amount (or any balance of said required additional amount not deposited in cash as permitted above) in monthly installments, made on or before the 25th day of each month following the delivery of the then proposed Additional Bonds, of not less than 1/60 of said required additional amount (or 1/60 of the balance of said required additional amount not deposited in cash as permitted above) or (ii) by the deposit of a Credit Facility which, in whole or in combination with deposits described in clause (i) above, is sufficient to satisfy the required additional amount to be on deposit in the Reserve Fund. (c) That all calculations of average annual principal and interest requirements (including Amortization Installments) made pursuant to this Section shall be made as of and from the date of the Additional Bonds then proposed to be issued. Section 21. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. That Additional Bonds shall be issued only in accordance with this Ordinance, but notwithstanding any provisions of this Ordinance to the contrary, no installment, Series or issue of Additional Bonds shall be issued or delivered unless: Minutes of City Council 0-3 Page 90 rdinance No.(a) The Mayor and the City Secretary of the City sign a written 0500 cont. certificate to the effect that the City is not in default as to any covenant, condition or obligation in connection with all outstanding Bonds and Additional Bonds, and the ordinances authorizing same, and that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An Independent Solid Waste Management Consultant signs a written certificate to the effect that, as of the date of the then proposed Additional Bonds, the Gross Revenues will be sufficient to pay: (1) principal and interest requirements of all Bonds and Additional Bonds to be outstanding after the issuance of the then proposed Additional Bonds; (2) the Operating and Maintenance Expenses; and (3) all other obligations of the System reasonably expected to be payable from Gross Revenues. Section 22. GENERAL COVENANTS. That the City further covenants and agrees that in accordance with and to the extent required or permitted by 1 aw : (a) PERFORMANCE. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Bonds, and in each and every Bond and Additional Bond; it will promptly pay or cause to be paid the principal of and interest on every Bond and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Bonds or Additional Bonds; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund and any owner of the Bonds or Additional Bonds may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. (b) CITY'S LEGAL AUTHORITY. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas, including specifically the Act, to issue the Series 1990 Bonds; that all action on its part for the issuance of the Series 1990 Bonds has been duly and effectively taken, and that the Series 1990 Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (c) TITLE. It has or will obtain lawful title to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Bonds and Additional Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) LIENS. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) OPERATION OF SYSTEM; NO FREE SERVICE. It will, while the Bonds or any Additional Bonds are outstanding and unpaid, continuously and efficiently operate the System, and shall maintain the System in good condition, repair and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System, payment of the reasonable value shall be made by the City out of funds from sources other than the revenues of the System, unless made from surplus or excess Pledged Revenues as permitted in Section 16(b). (f) FURTHER ENCUMBRANCE. It, while the Bonds are outstanding and unpaid, will not additionally Revenues in any manner, except as permitted in this with Additional Bonds, unless said encumbrance is made in all respects to the liens, pledges, covenants Ordinance; but the right of the City to issue revenu Minutes of City Council 0-3 Page 91 or any Additional Bonds encumber the Pledged Ordinance in connection junior and subordinate and agreements of this e bonds payable from a 91 92 subordinate lien on the Pledged Revenues is specifically recognized and Ordinance No. retained. 10500 cont. (g) SALE OR DISPOSAL OF PROPERTY. It, while the Bonds or any Additional Bonds are outstanding and unpaid, will not sell, convey, mortgage, encumber, lease or in any manner transfer title to, or otherwise dispose of the System, or any significant or substantial part thereof; provided further that whenever the City deems it necessary to dispose of any other property, machinery, fixtures or equipment, it may sell or otherwise dispose of such property, machinery, fixtures or equipment when it has made arrangements to replace the same or provide substitutes therefor, unless it is determined that no such replacement or substitute is necessary. Proceeds from any sale hereunder not used to replace or provide for substitution of such property sold, shall be used for improvements to the System or to purchase or redeem Bonds and Additional Bonds. (h) INSURANCE. (1) It shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance, Public liability and property damage insurance shall also be carried unless the City Attorney of the City gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be used promptly as follows: ( i ) for the redemption prior to maturity of the Bonds and Additional Bonds, ratably in the proportion that the outstanding principal of each series of Bonds or Additional Bonds bear to the total outstanding principal of all Bonds and Additional Bonds, provided that if on any such occasion the principal of any such series is not subject to redemption, it shall not be regarded as outstanding in making the foregoing computation; or (ii) if none of the outstanding Bonds or Additional Bonds is subject to redemption, then for the purchase on the open market and retirement of said Bonds and Additional Bonds in the same proportion as prescribed in the foregoing clause (i), to the extent practicable; provided that the purchase price for any Bond or Additional Bond shall not exceed the redemption price of such Bond or Additional Bond on the first date upon which it becomes subject to redemption; or (iii) to the extent that the foregoing clauses (i) and (ii) cannot be complied with at the time, the insurance proceeds, or the remainder thereof, shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as the foregoing clauses (i) and/or (ii) can be complied with, or until other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required, whichever of said events occurs first. (2) The foregoing provisions of (1) above notwithstanding, the City shall have authority either to self -insure or enter into co-insurance or similar plans where risk of loss is shared in whole or in part by the City. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listing all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. (i) RATE COVENANT. The City Council of the City will fix, establish, maintain and collect such rates, charges and fees for the use and availability of the System at all times as are necessary to produce Gross Revenues sufficient (1) to produce Pledged Revenues for each year at least equal to the principal and interest requirements (including Amortization Requirements) of all then outstanding Bonds and Additional Bonds, (2) to pay Minutes of City Council 0-3 Page 92 93 TUESDAY, JANUARY 30, 1990 Ordinance No. all current Operating and Maintenance Expenses, and (3) to pay all other 10500 cont. obligations of the System. (j) RECORDS. It will keep proper books of record and account in which full, true and correct entries will be made of all dealings, activities and transactions relating to the System, the Pledged Revenues and the Funds created pursuant to this Ordinance, and all books, documents and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any bondholder. (k) AUDITS. After the close of each year while any of the Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas and to any holder of 5% or more in aggregate principal amount of then outstanding Bonds and Additional Bonds who shall so request in writing. Such annual audit reports shall be open to the inspection of the bondowners and their agents and representatives at all reasonable times. (1) GOVERNMENTAL AGENCIES. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. (m) NO COMPETITION. It will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, to the extent that such competing facilities would prevent the City from producing Gross Revenues sufficient (1) to produce Pledged Revenues for each year at least equal to the principal and interest requirements (including Amortization Installments of all then outstanding Bonds and Additional Bonds, (2) to pay all current Operating and maintenance Expenses, and (3) to pay all other obligations of the System. Section 23. AMENDMENT OF ORDINANCE. (a) That the owners of Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City, provided, however, that without the consent of the owners of all of the Bonds and Additional Bonds at the time outstanding, nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Bonds or Additional Bonds so as to: (1) Make any change in the maturity of the outstanding Bonds or Additional Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds or Additional Bonds; (3) Reduce the amount of the principal payable on the outstanding Bonds or Additional Bonds; (4) Modify the terms of payment of outstanding Bonds or Additional with respect to such payment; principal of or interest on the Bonds, or impose any conditions (5) Affect the rights of the owners of less than all of the Bonds and Additional Bonds then outstanding; (6) Change the minimum percentage of the principal amount of Bonds and Additional Bonds necessary for consent to such amendment. (b) That if at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in The City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent/Registrar for inspection by all holders of Bonds and Additional Bonds. Such publication is not required, however, if notice in writing is given to each holder of Bonds and Additional Bonds. (c) That whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the owners of at least 51% in aggregate principal amount of all Bonds and Additional Bonds then outstanding, which instrument or instruments Minutes of City Council 0-3 Page 93 94 Ordinance No. shall refer to the proposed amendment described in said notice and which 10500 cont. specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agent/Registrar, the City Council may pass the amendatory ordinance in substantially the same form. (d) That upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties and obligations under this Ordinance of the City and all the owners of then outstanding Bonds and Additional Bonds and all future Additional Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such amendments. .(e) That any consent given by the owner of a Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future owners of the same Bond or Additional Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the owner who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent/Registrar and the City, but such revocation shall not be effective if the owners of 51% in aggregate principal amount of the then outstanding Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) That for the purpose of this Section, the ownership of Bonds or Additional Bonds shall be as shown by the registration books of the Paying Agent/Registrar. (g) The foregoing provisions of this Section notwithstanding, the City by action of the City Council may amend this Ordinance for any one or more of the following purposes: (1) To add to the covenants and agreements of the City in this Ordinance contained, other covenants and agreements thereafter to be observed, grant additional rights or remedies to bondholders or to surrender, restrict or limit any right or power herein reserved to or conferred upon the City; (2) To make such provisions for the purpose of curing any ambiguity, or curing, correcting or supplementing any defective provision contained in this Ordinance, or in regard to clarifying matters or questions arising under this Ordinance, as are necessary or desirable and not contrary to or inconsistent with this Ordinance and which shall not adversely affect the interests of the owners of the Bonds or Additional Bonds; (3) To modify any of the provisions of this Ordinance in any other respect whatever, provided that (i) such modification shall be, and be expressed to be, effective only after all Bonds and each series of Additional Bonds outstanding at the date of the adoption of such modification shall cease to be outstanding, and (ii) such modification shall be specifically referred to in the text of all Additional Bonds issued after the date of the adoption of such modification. .Section 24. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) REPLACEMENT BONDS. In the event any outstanding Series 1990 Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Series 1990 Bond, in replacement for such Series 1990 Bond in the manner hereinafter provided. (b) APPLICATION FOR REPLACEMENT BONDS. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series 1990 Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Series 1990 Bond, the applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Series 1990 Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Series 1990 Bond, as the case may be. In every case of damage or mutilation of a Series 1990 Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 1990 Bond so damaged or mutilated. (c) NO DEFAULT OCCURRED. Notwithstanding the foregoing provisions of this Section, in the event any such Series 1990 Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Series 1990 Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Series 1990 Bond) Minutes of City Council 0-3 Page 94 TUESDAY JANUARY 30 1990 Ordinance No. II instead of issuing a replacement Series 1990 Bond, provided security or 10500 cont. indemnity is furnished as above provided in this Section. (d) CHARGE FOR ISSUING REPLACEMENT BONDS. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the owner of such Series 1990 Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Series 1990 Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Series 1990 Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Series 1990 Bonds duly issued under this Ordinance. (e) AUTHORITY FOR ISSUING REPLACEMENT BONDS. In accordance with Section 6 of Art. 717k-6, V.A.T.C.S., this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the City or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Series 1990 Bonds issued in exchange for other Series 1990 Bonds. Section 25. TAX COVENANTS, The Issuer covenants to take any action to ensure, or refrain from any action which would adversely affect, the treatment of the Series 1990 Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Series 1990 Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b) (6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Series 1990 Bonds, in percent of the debt service on the Series 1990 Bonds, in contravention of section 141(b) (2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Series 1990 Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b) (3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Series 1990 Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Series 1990 Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action which would violate the guidelines set forth in Revenue Procedures 82-14 and 82-15, 1982-1 C.B. 459, 460, or any amendments, revisions or supplements thereto, relating to management contracts; (f) to refrain from taking any action that would result in the Series 1990 Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (g) to refrain from using any portion of the proceeds of the Series 1990 Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Series 1990 Bonds, other than investment property acquired with -- (1) proceeds of the Series 1990 Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the bonds are issued, Minutes of City Council 0-3 Page 95 Ordinance No. (2) amounts invested in a bona fide debt service fund, within 10500 cont. the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3)- amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Series, 1990 Bonds; (h) to otherwise restrict the use of the proceeds of the Series 1990 Bonds or amounts treated as proceeds of the Series 1990 Bonds, as may be necessary, so that the Series 1990 Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (i) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Series 1990 Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Series 1990 Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (j) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Series 1990 Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Series 1990 Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Series 1990 Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Series 1990 Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Series 1990 Bonds under section 103 of the Code. Section 26. APPROVAL AND REGISTRATION OF BONDS. That the Mayor of the City is hereby authorized to have control of the Series 1990 Bonds and all necessary records and proceedings pertaining to the Series 1990 Bonds pending their delivery and their investigation, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Series 1990 Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate accompanying the Series 1990 Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate. Section 27. SALE OF SERIES 1990 BONDS. That the sale of the Series 1990 Bonds to , at a price of par and accrued interest to date of delivery, plus a premium] [less a discount] of $ , is hereby authorized, ratified and confirmed. One Series 1990 Bond in the principal amount maturing on each maturity date as set forth in Section 2 hereof shall be delivered to the Purchaser, and the Purchaser shall have the right to exchange such Bonds as provided in Section 5 hereof without cost. The Series 1990 Bonds were sold pursuant to the terms of a "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement", which documents in the form attached hereto as Exhibit A are approved. Section 28. IMMEDIATE EFFECT. That this Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 2 of Chapter 25 of the Charter of the City, and it is accordingly so ordained. M&C P-3995 re ; There was presented Mayor and Council Communication No. P-3995 from the City purchase of ten Manager submitting a tabulation of bids received for the purchase of ten Police Police motorcycles motorcycles for the Police Department; stating that funds are available in General Fund 01, Account No. 35-34-00, Index Code 265785; and recommending that the purchase be made from Granbury Kawasaki on low bid, meeting specifications, of $69,960.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 96 9`i TUESDAY, JANUARY 30, 1990 M&C P-3996 There was presented Mayor and Council Communication No. P-3996 from the City re purchase of five Manager submitting a tabulation of bids received for the purchase of five service service trucks and trucks and five vans for various City departments; stating that funds are available in five General Fund 01, Account Nos. 35-41-00, 20-40-02, 84-20-01, and 80-20-31, Index Codes vans 267039, 281931, 321257, and 346064, respectively; Water Fund 45, Account Nos. 70-70-07, transport/distribution body for the City Services Department; stating that funds are 60-70-04, and 70-70-06, Index Codes 389726, 377424, and 389122, respectively; and Equipment Services Fund 61, Account Nos. 21-20-60 and 21-20-45, Index Codes 222042 and 220780, respectively; and recommending that the purchase be made on a low -bid -item basis, as follows: 1. Hudiburg Chevrolet $ 87,513.35 Fort Worth, TX 2. Jack Williams Chevrolet 73,616.00 purchase of two Fort Worth, TX 3. Karl Klement Chrysler, Plymouth 14,058.82 chassis Decatur, TX Total amount not to exceed $175,188.17 net f.o.b., Fort Worth Minutes of City Council 0-3 Page 97 M&C P-3996 adopted It was the consensus of the City Council that the recommendation be adopted. M&C P-3997 re There was presented Mayor and Council Communication No. P-3997 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two heavy duty heavy duty services service trucks for the Water Department and one 50.0 GVWR truck with fuel trucks transport/distribution body for the City Services Department; stating that funds are available in Water Fund 45, Account No. 60-70-07, Index Codes 378901 and 378927, and Equipment Services Fund 61, Account No. 21-20-70,.Index Code 241885; and recommending that the purchase be made from Metro Ford Truck Sales and Southwest International for a total amount not to exceed $192,119.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3998 re There was presented Mayor +and Council Communication No. P-3998 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two 54.0 GVWR cab 54.0 GVWR cab and and chassis with heated, bituminous distribution body for the Transportation and Public chassis Works Department and six 62.0 GVWR side -loading refuse trucks for the City Services Department; stating that funds are available in General Fund 01, Account No. 20-80-03, Index Code 239590, and City Services/Solid Waste Fund 64, Account No. 21-10-02, Index Code 236844; and recommending that the purchase be made from Lone Star Peterbilt/Dallas Peterbilt on low bid of $789,390.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-3999 re There was presented Mayor and Council Communication No. P-3999 from the City purchase agreement Manager submitting a tabulation of bids received for purchase agreement to provide with Van Waters chemicals to the Water Department; stating that budgeted funds are sufficient to cover and Rogers the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: 1. A purchase agreement with Van Waters and Rogers to provide 150 lb. cylinders of chlorine to the Water Department on the low bid of $72.00 per cylinder; 2. A purchase agreement with General Chemical to provide liquid aluminum sulfate to the Water Department on the low bid of $118.94 per ton; 3. A purchase agreement with Tennessee Chemical Company to provide bulk ferric sulfate to the Water Department on the following low bids: A. Bulk Truck Delivery to Holly Plant $204.30/ton B. Bulk Rail Delivery to Rolling Hills Plant $167.62/ton 4. The agreement to begin the date of authorization by Council and end one year later with option to renew for one additional year. M&C P-3999 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4000 There was presented Mayor and Council Communication No. P-4000 from the City re purchase of labor Manager submitting a tabulation of bids received for the purchase of labor and to materials to install carpet for the Transportation and Public Works Department; stating and materials install carpet that funds are available in Capital Projects Reserve Fund 10, Project No. 400000-04, Index Code 611442; and recommending that the purchase be made from Armstrong -White Floors on low bid of $36,499.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4001 re There was presented Mayor and Council Communication No. P-4001 from the City purchase agreement Manager stating that a purchase agreement with Browder Distributing Company was with Browder Dis- approved on March 7, 1989, by Mayor and Council Communication No. P-3291 to furnish tributing Company oils and lubricants; that the agreement was for one year with option to renew for one additional year; that the vendor has performed well and has agreed to hold those prices firm for an additional year; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize: Minutes of City Council 0-3 Page 97 TUESDAY, JANUARY 30, 1990 M&C P-4003 re There was presented Mayor and Council Communication No. P-4003 from the City purchase agreement Manager stating that a purchase agreement was authorized with Trinity Lawn and Garden for the purchase o to provide Woods parts for the City Services Department on January 2, 1990, by Mayor genuine Woods man- and Council Communication No. P-3932; that the vendor name was incorrect and the ufacturer's re- franchise holder of Woods parts is Triangle Lawn and Garden; stating that budgeted placement parts funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-3932 to read as follows: 1. A purchase agreement for the purchase of genuine Woods manufacturer's replacement parts with Triangle Lawn and Garden on the low bid of unit prices at manufacturer's suggested list prices less 5% discount; and 2. The agreement to begin the day of authorization by the City Council and end one year later with one additional year option to renew. M&C P-4003 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4004 re There was presented Mayor and Council Communication No. P-4004 from the City purchase of parkind 9 Manager submitting a quotation received for the purchase of parking meter parts for the meter parts Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-40-01, Index Code 381170; and recommending that the purchase be made from Duncan Industries on its sole quotation of $6,484.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 98 M&C P-4001 cont. 1. Exercising the option to renew 'a purchase agreement with Browder Distributing Company for one additional year on the low bid of unit prices as follows: 1. SAE 10 Engine Oil (55 gal. drums) $1.915/gallon 2. SAE 15W40 Multi -Grade Oil (55 gal. drums) $2.035/gallon 3. SAE 15W40 Multi -Grade Oil (quart cans) $ .7375/quart 4. SAE 40 ND Oil (55 gal. drums) $1.725/gallon 5. SAE 30 ND Oil (quart cans) $ .51/quart 6. SAE 50 HD Oil (55 gal. drums) $2.20/gallon 7. R&O IS068 Hydraulic Oil (55 gal. drums) $1.45/gallon 8. R&O IS068 Hydraulic Oil (bulk) $1.28/gallon 9. Tractor Hydraulic Fluid 303 (55 gal. drums) $2.1775/gallon 10. 85W 140 MP/EP Multi -Gear Lubricant (55 gal. drums) $2.395/gallon 11. NLGI #2 Lithium EP Chassis Grease (400 lb. drums) $ .575/pound 12. NLGI #2 Lithium EP Chassis Grease (120 lb. drums) $ .62/pound 13. Dextron II Transmission Fluid (55 gal. drums) $2.13/gallon 14. Dextron II Transmission Fluid (1 quart cans) $ .75/quart 15. SAE 30 Engine Oil (55 gal. drums) $1.925/gallon 16. SAE 30 Engine Oil (bulk) $1.75/gallon 17. SAE 90 HD Gear Oil (55 gal. drums) $2.395/gallon 18. SAE 20W50 Engine Oil (55 gal. drums) $2.155/gallon 19. No. 2 GLGI Wheel Bearing Grease (8 lb. bucket) $ .84/pound 20. No. 00 NLGI Chassis Grease (120 lb. drums) $ .35/pound 21. DTE -13 Mobile Hydraulic Oil (55 gal. drums) $2.1425/gallon 22. SAE 80W90 Multi -Gear Mineral Oil (55 gal. drums) $2.395/gallon 23. Universal Transdraulic Fluid $2.11/gallon 24. Mineral Base 10 Wt. Hydraulic Oil (55 gal. drums) $1.57/gallon 25. Unspecified lubricants and oils will be sold to the City at dealer list price less 13% discount. 26. Returnable steel drums will be exchanged with no deposit charged.to the City., net, f.o.b. Fort Worth. 2. All City departments to use this agreement, if needed; and 3. The agreement period to begin March 7, 1990 and end one year later. M&C P-4001 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4002 re There was presented Mayor and Council Communication No. P-4002 from the City purchase of one Manager stating that an Account Representative for the Solid Waste Management Division intermediate size was involved in a serious vehicle accident while on the job on January 6; that the four -door sedan vehicle received extensive damage and estimates indicate it would cost $9,911.00 to repair the vehicle; that this is substantially more than the $9,504.97 it would cost to purchase a new vehicle of similar make and model; that the City Council approved Mayor and Council Communication No. P-3895 which authorized the purchase from Longhorn Dodge, Inc., of 44 supervisory sedans at a unit cost of $9,504.97; that the Purchasing Division has determined that one vehicle could be added to the original purchase order awarded to Longhorn Dodge, Inc., and could be purchased on the original low bid of $9,504.97; that funds are available in General Fund 01, Account No. 21-10-02, Index Code 236844; and recommending that the purchase of one intermediate size four -door sedan from Longhorn Dodge, Inc., for the City Services Department be authorized at a unit cost of $9,504.97 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4003 re There was presented Mayor and Council Communication No. P-4003 from the City purchase agreement Manager stating that a purchase agreement was authorized with Trinity Lawn and Garden for the purchase o to provide Woods parts for the City Services Department on January 2, 1990, by Mayor genuine Woods man- and Council Communication No. P-3932; that the vendor name was incorrect and the ufacturer's re- franchise holder of Woods parts is Triangle Lawn and Garden; stating that budgeted placement parts funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize the amendment of Mayor and Council Communication No. P-3932 to read as follows: 1. A purchase agreement for the purchase of genuine Woods manufacturer's replacement parts with Triangle Lawn and Garden on the low bid of unit prices at manufacturer's suggested list prices less 5% discount; and 2. The agreement to begin the day of authorization by the City Council and end one year later with one additional year option to renew. M&C P-4003 adopted It was the consensus of the City Council that the recommendations be adopted. M&C P-4004 re There was presented Mayor and Council Communication No. P-4004 from the City purchase of parkind 9 Manager submitting a quotation received for the purchase of parking meter parts for the meter parts Transportation and Public Works Department; stating that funds are available in General Fund 01, Account No. 20-40-01, Index Code 381170; and recommending that the purchase be made from Duncan Industries on its sole quotation of $6,484.00 net, f.o.b. Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 98 • • M&C P-4005 re There was presented Mayor and Council Communication No. P-4005 from the City purchase agreement Manager stating that a purchase agreement with Dick Smith, Inc., was authorized on with Dick Smith, March 7, 1989, by Mayor and Council Communication No. P-3288 to furnish automotive Inc. parts for the Equipment Services Division; that, Dick Smith, Inc., has agreed to hold the prices and discounts firm for another year and the City Services Department, Equipment Services Division has requested the option to renew be exercised; stating that purchases will be charged to Equipment Services Fund 61, Subsidiary Inventory Account No. 141-000270; and recommending that the City Council authorize: 1. Exercising the option to renew the purchase agreement with Dick Smith, Inc. to furnish the following automotive parts to the City Services Department for one additional year on the bid as listed: (1) Category I Engine Parts At Jobber List Items 1-13 Price Less 20% M&C P-40051 adopted M&C P-4006 re purchase agreement for Rosemount mete parts M&C P-4007 re purchase agreement for parts, labor, and training on Badger sewer flow meters (2) Category II Items 14-46 (3) Category IV Items 80-105 (4) Category VI Items 124-144 (5) Category VII Items 145-173 (6) Category IX Items 197-209 Ignition Parts Cooling System Parts Electrical System Parts Filter Elements Wiper Blades, Refills and Washer Solvent At List Less 10-30% At List Less 13 to 25% At List Less 15 to 40% At List Less 32% At Jobber List Less 20% 2. The new agreement period to begin March 7, 1990 and end one year later. It was the consensus of the City Council that the recommendations be adopted. There was presented Mayor and Council Communication No. P-4006 from the City Manager stating that the City Council authorized a one-year purchase agreement with Rosemount, Inc., to provide Rosemount meter parts for the Water Department on February 28, 1989, by Mayor and Council Communication No. P-3280; that Rosemount, Inc., is the manufacturer and sole source for these meter parts; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize a one-year purchase agreement for Rosemount meter parts with Rosemount, Inc., on sole source quotation of list price, f.o.b. Baton Rouge, Louisiana; and authorize the Water Department to participate in this agreement, exclusively, effective from date of authorization until expiration one year later. It was the consensus of the City Council that the recommendations be adopted. - There was presented Mayor and Council Communication No. P-4007 from the City Manager submitting a quotation received for a purchase agreement for parts, labor, and training on Badger sewer flow meters for the Water Department; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council authorize a purchase agreement with Badger Meter, Inc./Precision Products, Inc., as a sole source for an amount not to exceed $15,000.00 annually; with the agreement to be effective from date of authorization by City Council until one year later, with option to renew annually for one year. It was the consensus of the City Council that the recommendations be adopted. &C P-4008 re There was presented Mayor and Council.Communication No. P-4008 from the City urchase of one Manager submitting a tabulation of bids received for the purchase of one four-wheel our -wheel drive drive cargo van for the Park and Recreation Department; stating that funds are ar go van available in General Fund 01, Account No. 80-50-10, Index Code 307124; and recommending that the purchase be made from Alan Young Buick, GMC on low bid, meeting specifications, for an amount not to exceed $15,472.00 net,. f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4009 reThere was presented Mayor and Council Communication No. P-4009 from the City purchase of two Manager submitting a tabulation of bids received for the purchase of two self-propelled self-propelled vibratory single drum rollers for the Water Department; stating that funds are vibratory single available in Water Fund 45, Account No. 60-70-11, Index Code 391185; and recommending drum rollers'that the purchase be made from Grace Equipment Company on low bidmeeting specifications, of $13,996.00 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C P-4010 re There was presented Mayor and Council Communication No. P-4010 from the City purchase agreement Manager submitting a tabulation of bids received for a purchase agreement for D/FW for Bf Fii Railtran-- Railtran System Maintenance Service for City departments; stating that funds are System Maintenance available in Special Trust Fund 72, Project No..514000-00, Index Code 405068; and Service recommending that the City Council: 1. Authorize a purchase agreement for D/FW Railtran System Maintenance Service with Tribal Enterprises, on the low overall bid of unit prices per hour as follows: Minutes of City Council 0-3 Page 99 100 2. This agreement to be effective from date of authorization by City Council until one year later, with option to renew annually for one year. 4&C P-4010 adopted It was the consensus of the City Council that the recommendations be adopted. 4&C P-4011 re There was presented Mayor and Council Communication No. P-4011 from the City )urchase agreement Manager stating that a one-year purchase agreement with a one-year renewal option with For sand trap Sand Trap Service was authorized on February 28, 1989, by Mayor and Council services Communication No. P-3271 to provide sand trap services for City departments; that the services rendered have been satisfactory and staff has requested that the option to renew be exercised; that Sand Trap Service has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council exercise the option for renewal of a purchase agreement for sand trap services for all City departments with Sand Trap Service on low unit prices, as follows: VENDOR AMOUNT BID Sand Trap Service $712.50/month Fort Worth, Texas $125/extra service It was further recommended that all City departments be authorized to participate in agreement, if needed, effective upon authorization by City Council and expiration one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4012 re There was presented Mayor and Council Communication No. P-4012 from the City purchase of three Manager submitting a tabulation of bids received for the purchase of three heavy duty heavy duty service service trucks and one cut -away van for various departments; stating that funds are trucks available in General Fund 01, Account No. 20-45-03, Index Code 352476; Park and Recreation Department Account No. 80-20-54, Index Code 347914; Golf Fund 39, Account No. 80-42-10, Index Code 313122; and Equipment Services Fund 61, Account No. 21-20-40, Index Code 220350; and recommending that the purchase be made from Alan Young Buick, GMC and Graff Chevrolet Company for a total amount not to exceed $95,293.97 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10010 re There was presented Mayor and Council Communication No. L-10010 from the City acquisition of Manager, as follows: temporary construc- tion easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Assessment Paving Project/Truman Drive and Truman Court Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 132.37 feet in length, out of Lot 33, Block 26, Carver Heights Addition, as recorded in Volume 3444, Page 299, Deed Records, Tarrant County, Texas. This strip lies adjacent to and parallel to the east side of the existing drainage easement, and contains 662 square feet of land as required for a temporary construction easement. Square Feet: 662 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: CE -5 Minutes of City Council 0-3 Page 100 1• Dump Truck $ 5.40/hour &C P-4010 cont. 2. Tractor with bushwacker $10.25/hour 3. Tractor with mower $10.25/hour 4. Chainsaw $ .85/hour 5. Tractor with loader $12.50/hour 6. Brush clipper $ 3.00/hour 7. Pick-up $ 4.50/hour 8. Herbicide per gallon $71.00/gallon 9. Foreman $12.75/hour 10. Operator $ 9.75/hour 11. Labor $ 8.50/hour 12. Travel time rate $40.45/trip 2. This agreement to be effective from date of authorization by City Council until one year later, with option to renew annually for one year. 4&C P-4010 adopted It was the consensus of the City Council that the recommendations be adopted. 4&C P-4011 re There was presented Mayor and Council Communication No. P-4011 from the City )urchase agreement Manager stating that a one-year purchase agreement with a one-year renewal option with For sand trap Sand Trap Service was authorized on February 28, 1989, by Mayor and Council services Communication No. P-3271 to provide sand trap services for City departments; that the services rendered have been satisfactory and staff has requested that the option to renew be exercised; that Sand Trap Service has agreed to maintain unit prices as originally bid; that no guarantee has been made that a specific quantity of goods or services will be purchased; stating that budgeted funds are sufficient to cover the anticipated expenditure by each department participating in this agreement; and recommending that the City Council exercise the option for renewal of a purchase agreement for sand trap services for all City departments with Sand Trap Service on low unit prices, as follows: VENDOR AMOUNT BID Sand Trap Service $712.50/month Fort Worth, Texas $125/extra service It was further recommended that all City departments be authorized to participate in agreement, if needed, effective upon authorization by City Council and expiration one year later. It was the consensus of the City Council that the recommendations be adopted. M&C P-4012 re There was presented Mayor and Council Communication No. P-4012 from the City purchase of three Manager submitting a tabulation of bids received for the purchase of three heavy duty heavy duty service service trucks and one cut -away van for various departments; stating that funds are trucks available in General Fund 01, Account No. 20-45-03, Index Code 352476; Park and Recreation Department Account No. 80-20-54, Index Code 347914; Golf Fund 39, Account No. 80-42-10, Index Code 313122; and Equipment Services Fund 61, Account No. 21-20-40, Index Code 220350; and recommending that the purchase be made from Alan Young Buick, GMC and Graff Chevrolet Company for a total amount not to exceed $95,293.97 net, f.o.b. Fort Worth. It was the consensus of the City Council that the recommendation be adopted. M&C L-10010 re There was presented Mayor and Council Communication No. L-10010 from the City acquisition of Manager, as follows: temporary construc- tion easement SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Assessment Paving Project/Truman Drive and Truman Court Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 132.37 feet in length, out of Lot 33, Block 26, Carver Heights Addition, as recorded in Volume 3444, Page 299, Deed Records, Tarrant County, Texas. This strip lies adjacent to and parallel to the east side of the existing drainage easement, and contains 662 square feet of land as required for a temporary construction easement. Square Feet: 662 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: CE -5 Minutes of City Council 0-3 Page 100 lot TUESDAY, JANUARY 30, 1990 M&C L-10010 cont. Consideration: $1.00 Location: 6333 Truman Owner: Murry B. Fortson and Artinca Fortson F i n a n c i n g Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Frances Sargeant 2. Project Name: Assessment Paving Project/Truman Drive and Truman Court Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped strip of land 5 feet in width and 132.96 feet in length out of Lot 34, Block 26, Carver Heights Addition, as recorded in Volume 5115, Page 735, Deed Records, Tarrant County, Texas. This strip of land lies adjacent to and parallel to the west side of the existing drainage easement, and contains 665 square feet as required for a temporary construction easement. Square Feet: 665 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: CE -8 Consideration: $1.00 Location: 6401 Truman Owner:, Ziffie Lee Warren Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00 Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent: Frances Sargeant It was the consensus of the City Council that the recommendations, as contained in M&C L-10010 adopted Mayor and Council Communication No. L-10010, be adopted. M&C L-10011 re There was -presented Mayor and Council Communication No. L-10011 from the City acquisition of Manager, as follows: three construction easements SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS — VARIOUS PROJECTS (3 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below:,: 1. Project Name: Storm Drain Relief Line - E. 1st Street/E. 4th Street Type of Acquisition: Dedication Description of Land: C.E.-4 - A rectangularly shaped parcel of land 15 feet in depth out of the front of Acre "A", Page Co.'s East Side Addition Second Filing as recorded in Volume 6719, Page 1656, Deed Records, Tarrant County, Texas. This parcel lies on the west side of the existing De Costa Street and extends 180 feet in length and contains 21,700 square feet as required for a construction easement. Square Feet: 2,700 Zoning: "J" Light Industrial Parcel No.: C.E.-4 Consideration: $1.00 Location: De Costa and Fisher Street i Owner: Kenneth Garrett Financing: Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering. Expenditure will be made from Index Code 699884. Land Agent_: Jane G. Goodspeed Minutes of City Council 0-3 Page 101 t02 M&C L-10011 cont. 2. Project Name: Storm Drain Relief Line E. 1st Street/E. 4th Street Type of Acquisition: Dedication Description of Land: C.E.-5 - A rectangularly shaped parcel of land 15 feet in depth out of the front of Acre "A", Page Co.'s East Side Addition Second Filing as recorded in Volume 5248, Page 363, Deed • Records, Tarrant County, Texas. This parcel of land lies on the west side of the existing De Costa Street and extends 180 feet in length and contains 2,700 square feet as required for a construction easement. Square Feet: 2,700 Zoning: "J" Light Industrial Parcel No.: C.E.-5 Consideration: $1.00 Location: De Costa and Fisher Street Owner: C. B. Hall Financing: Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering. Expenditure will be made from Index Code 699884. Land Agent: Jane G. Goodspeed 3. Project Name: Storm Drain Relief Line - E. 1st Street/E. 4th Street Type of Acquisition: Dedication Description of Land: C.E.-1-R - A rectangularly shaped parcel of land 15 feet in depth out of the front of Acre "A", Page Co.'s East Side Addition Second Filing as recorded in Volume 5248, Page 359, and Volume 6719, Page 1656, Deed Records, Tarrant County, Texas. This parcel of land lies on the west side of the existing De Costa Street and extends 704.95 feet in length and contains 10,574 square feet as required for a construction easement. Square Feet: 10,574 Parcel No.: C.E.-1-R Consideration: $1.00 Location: De Costa and Fisher Street Owner: C. B. Hall and Kenneth Garrett Zoning: "J" Light Industrial Financing: Sufficient funds are available in Street Improvements Fund 67, Project No. 095106-00, Engineering. Expenditure will be made from Index Code 699884. Land Agent: Jane G. Goodspeed M&C L-10011 adopte It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10011, be adopted. M&C L-10012 re acquisition of lanc There was presented Mayor and Council Communication No. L-10012 from the City and/or easements Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project: Street Reconstruction Project/Vel Drive, Grattan Drive, and Ava Court Drive Type of Acquisition: Dedication/Permanent and Temporary Easements Description of Land: Permanent (DE -1): A rectangularly shaped strip of land 20 feet in width and 95.44 feet in length out of Tract 12 of the J.A. Creary Survey, Abstract No. 269, as recorded in Volume 1209, Page 107, Volume 2942, page 439, Deed Records, Tarrant County, Texas. This strip of land is located perpendicularly to the north boundary line of Lot 14-R and Lot 15-R of the Carver Addition containing 1,904 square feet of land as required for a drainage easement. Minutes of City Council 0-3 Page 102 103 TUESDAY; JANUARY 30. 1990 C L-10012 cont. CE -2 and CE -3 - These two construction easements lie adjacent to and parallel to the above described permanent drainage easement. CE -2 contains 2,256 square feet of land and CE -3 contains 567 square feet of land as required for construction easements. Permanent (DE -2) - A rectangularly shaped strip of land 20 feet in width and 141.06 feet in length out of Tract 12 of the J.A. Creary Survey, Abstract No. 269, as recorded in Volume 2942, Page 437, Deed Records, Tarrant County, ,Texas. This strip of land lies adjacent to the north boundary line of the existing drainage easement out of Lots 33 and 34 of the Carver Addition containing 2,826 square feet of land as required for a permanent drainage easement. CE -6 and CE -7 - Two rectangularly shaped strips of land lying adjacent to and parallel to the permanent DE -2; CE -6 contains 2,834 square feet of land and CE -7 contains 785 feet of land as required for construction easements. Permanent Drainage (DE -3) - An irregularly shaped strip of land out of Tract 12 of the J.A. Creary Survey, Abstract No. 269, as recorded in Volume 2942, Page 439, Deed Records, Tarrant County, Texas. This strip of land is located north of the north property line of the existing drainage easement out of Lot 42-R-1 and Lot 42-E-1, Carver Addition, containing 360 square feet of land as required for a permanent drainage easement. CE -10 and CE -11 - Two temporary construction easements adjacent to and parallel to the permanent drainage easement DE -3; CE -10 contains 632 square feet of land and CE -11 contains 205 square feet of land as required for temporary construction easements. Square Feet_: DE -1 - 1,904 CE -2 - 2,256 CE -3 - 567 DE -2 - 2,826 CE -6 - 2,834 CE -7 - 785 DE -3 - 380 CE -10 - 632 CE -11 - 205 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel Nos.: DE -1 CE -2 CE -3 DE -2 CE -6 CE -7 DE -3 CE -10 CE -11 Consideration: $1.00 Location: 6200-6400 Block of Truman Dr. Owner: Texas Utilities Electric Co. Financing: Sufficient funds are available in Street Improvement, u�67, Project No. 095106-00, Land Acquisition. This expenditure will be made from Index Code 699884. Land Agent_: Frances Sargeant 2. Project: Assessment Paving Project/Truman Drive and Truman Court Type of Acquisition: Temporary Construction Easement Description of Land: A rectangularly shaped strip of land approximately 5 feet in width and 100 feet in length, out of Lot 42-E-1, Block 26, Carver Addition, as recorded in Volume 7337, Page 112, Deed Records, Tarrant County, Texas. This strip of land is located on the west side of subject lot, adjacent to and parallel to the east side of an existing drainage easement, containing 500 square feet as required for a temporary construction easement. Square Feet: 500 Zoning: "A" One -Family Description of Improvements: None in the taking Parcel No.: CE -12 Minutes of City Council 0-3 Page 103 104 TUESDAY, JANUARY 30, 1990 M&C L-10012 cont. Consideration: $1.00 Location: 6462 Truman Drive Owner: Lois E. Ford Financing: Sufficient funds are available in Street Improvement, Fund 67, Project No. 095106-00, Land Acquisition. This expenditure will be made from Index Code 699884., Land Agent: Frances Sargeant M&C L-10012 adopted M&C L-10013 re was withdrawn M&C L-10014 re acquisition of temporary easemen It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. L-10012, be adopted. There was presented Mayor and Council Communication No. L-10013 from the City Manager stating that David Bachelder and Anne Marie Bachelder entered into a lease agreement on April 2, 1982, with the City of Fort Worth for Lot 30, Block 14, Lake Worth Lease Survey; that Mr. and Mrs. Bachelder are currently 18 months in arrears with their lease rental account for a total arrearage of $1,491.46; that required notice was mailed to the Lessee on April 1, 1988, July 19, 1988, and November 10, 1989, giving notice of termination for default unless all arrearages were paid current; that the default still exists; and recommending that the Council approval be given for the cancellation of Lake Worth Lease between David Bachelder and Anne Marie Bachelder covering Lot 30, Block 14, Lake Worth Lease Survey, for nonpayment of Lease Rental. It was the consensus of the City Council that Mayor and Council Communication No. L-10013 be withdrawn from the agenda at the request of the City Manager. There was presented Mayor and Council Communication No. L-10014 from the City Manager, as follows: SUBJECT: ACQUISITION OF LAND AND/OR EASEMENTS - VARIOUS PROJECTS (2 TRANSACTIONS) RECOMMENDATION: It is recommended that approval be given for the acquisition of the land and/or easements described below: 1. Project Name: Sanitary Sewer Replacement Project, Main -73 Type of Acquisition: Dedication Description of Land: A rectangularly shaped strip of land out of Lot 16, Block 15, Berkley Addition, as recorded in Volume 7448, Page 1518, Deed Records, Tarrant County, Texas. This strip of land is 10.0 feet in depth and 60.0 feet in width and lies adjacent to, contiguous with and to the interior side of an existing 3.0 foot utility easement located along the north property line of Lot 16, Block 15, required for a temporary construction easement. Square Feet: 600 Zoning: "A" Parcel No.: 18 Consideration: $1.00 Location: 2212 Hawthorne Owner: Charlotte Hamilton Berger Financing: Sufficient funds are available in Sewer Capital Improvements Fund 58, Project No. 017081-00, Replacement of Main 73. This expenditure will be made from Index Code 698787. Land Agent: Jerry Chalker 2. Project Name: Eagle Mountain Lake Water Treatment Facility Type of Acquisition: Dedication - Permanent Easements and Temporary Construction Easements Descriation of Land: (Pcl. 2) Permanent Easement - A rectangularly shaped parcel of land out of Tracts 1B and 1G, William Robinson Survey, Abstract 1310 as described in Volume 2574, Page 261 and Volume 7135, Page 1210, Deed Records, Tarrant County, Texas. This parcel of land is 150.00 feet in depth and 30.00 feet in width and lies adjacent to, contiguous with and south of the south right-of-way line of Robertson Road, required for a permanent waterline easement. Minutes of City Council 0-3 Page 104 105 M&C L-10014 cont. (Pcl . 2) Tem orary Construction Easement A rectangularly shaped parcel of land out of Tracts 1band1G, WiTTiam-Robinson Survey, Abstract 1310 as described in Volume 2574, Page 261 and Volume 7135, Page 1210, Deed Records, Tarrant County, Texas. This parcel of land is 150.00 feet in depth and 30.00 feet in width and lies adjacent to, contiguous with and south of the south right-of-way line of Robertson Road and immediately west of the above described permanent easement. (Pcl. 7) Permanent Easement - A rectangularly shaped parcel of land out of Tract 1, William C. Conwell Survey, Abstract 342 as described in Volume 2643, Page 596, Deed Records, Tarrant County, Texas. This parcel of land is 225.0 feet in depth and 50.0 feet in width and lies adjacent to, contiguous with and east of the east right-of-way line of Boat Club Road, required for a permanent waterline easement. (Pcl. 7) Temporary Construction Easement - A rectangularly shaped parcel of land out of Tract 19 William C. Conwell Survey, Abstract 342 as described in Volume 2643, Page 596, Deed Records, Tarrant County, Texas. This parcel of land is 225.0 feet in depth and 30.0 feet in width and lies adjacent to, contiguous with and east of the east right-of-way line of Boat Club Road and immediately south of the above described permanent easement. Square Feet: (Pcl. 2) Permanent - 4,500 (Pcl. 2) Temporary - 4,500 (Pcl. 7) Permanent - 11,250 (Pcl. 7) Temporary - 6,750 11 Zoning: "AG" Parcel Nos.: 2 and 7 Consideration: $1.00 Location: South of Robertson Road, west of Boat Club Road 11 Owner: Texas Utilities Electric Company Financing: Sufficient funds are available in Water Capital Improvement Fund 83, Project No. 016001-00, Eagle Mountain Lake Water Treatment Facility. This expenditure will be made from Index Code 698738. Land Agent: Jerry Chalker M&C L-10014 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. L-10014, be adopted. M&C L-10015 re There was presented Mayor and Council Communication No. L-10015 from the City Pipeline License Manager stating that a Pipeline License Agreement between the City and Missouri Pacific Agreement Railroad will grant the City authorization to maintain and operate a sanitary sewer pipeline crossing with a one time payment of $750.00 and execution of the License Agreement; that funds are available in Sewer Capital Improvement Fund 58, Project No. 017031-00, Index Code 698787; and recommending that the City Manager be authorized to execute a Pipeline Agreement with Missouri Pacific Railroad and that a total consideration of $750.00 be paid to Missouri Pacific. It was the consensus of the City Council that the recommendations be adopted. M&C L-1001re acquisitionn of There was presented Mayor and Council Communication No. L-10016 from the City drainage easement Manager recommending that the City pay a total consideration of $10,000.00 for and temporary con- irregularly-shaped easements out of Lot "G", James E. Petty Is Subdivision as described strut tion easement in Volume 4548, Page 886, Deed Records, Tarrant County, Texas, located at 5158 Norma Street; owned by Harold L. Hall et ux Lynda D.; and required for Forty Oaks Detention Basin No. 2 and No. 3. It was the consensus of the City Council that the recommendation be adopted and that the expenditure be charged to Fund 67, Index Code 699884. M&C L-10017 re There was presented Mayor and Council Communication No. L-10017 from the City extension of lease Manager stating that the MARS project will require an additional six months in its agreement for - office space at 900 Monroe Street requiring an extension of the current lease; that all office space for conditions in the existing lease will remain the same except the rental rate shall be MARS at $9.68 or $1,382.95 per month as opposed to the current monthly rate of $1,097.22; stating that funds are available in Capital Project Reserve Fund 10, Project No. 500000-01, Index Code 610642; and recommending that Council approve extending the lease agreement previously approved by Mayor and Council Communication No. L-9827, dated June 20, 1989, for a six month period covering the lease agreement providing 1,714.4 square feet of office space for MARS in the Professional Building at 900 Monroe Street and that the City Manager be authorized to execute an extension of the lease agreement with Monroe Street Venture until May 31, 1990. It was the consensus of the City Council that the recommendations be adopted. M&C L-10018 re i improving security There was presented Mayor and Council Communication No. L-10018 from the City on City-owned Manager recommending that an ordinance be adopted increasing appropriations by parking lots $17,000.00 in Parking Building Fund 59, Parking Facilities Account No. 16-20-05 and decreasing by the same amount the Unreserved, Undesignated Retained Earnings of the Minutes of City Council 0-3 Page 105 106 TUESDAY, JANUARY 30, 1990 M&C L-10018 cont. Parking Building Fund and authorize use of the funds for improving security on City -owned parking lots designated for employees and City -owned vehicles. It was the consensus of the City Council that the recommendations be adopted. introduced an Council Member Chappell introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Mayor Pro tempore Gilley. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, Webber, and Chappell NOES: None ABSENT: None The ordinance, as adopted, is as follows: Ordinance No. ORDINANCE NO. 10509 10509 AN ORDINANCE INCREASING APPROPRIATIONS IN THE PARKING BUILDING FUND 59, PARKING FACILITIES ACCOUNT NO. 16-20-05 IN THE AMOUNT OF $17,000 AND DECREASING, BY THE SAME AMOUNT, THE UNRESERVED, UNDESIGNATED RETAINED EARNINGS OF THE PARKING BUILDING FUND 59, FOR THE PURPOSE OF INSTALLING FENCES AND MOTORIZED GATES TO ENHANCE PARKING LOT SECURITY; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. M&C L-10019 re There was presented Mayor and Council Communication No. L-10019 from the City purchase of Lot 1, Manager, as follows: Block 1, J.M. Daniel Addition SUBJECT: PURCHASE OF PARK PROPERTY - LOT 1, BLOCK 1, J.M. DANIEL ADDITION RFCnMMFNDATTnN It is recommended that approval be given for the acquisition of the property described below: 1. Name and Description of Project Extension of McDonald Park Type of Acquisition Outright Purchase Description of Land All of Lot 1, Block 1, J.M. Daniel Addition as recorded in Volume 388-142, Page 3, C.R., T.C., T. Square Feet: 7.791 acres Description of Improvements: None 4. Consideration ayment for and $1,000.00 Total Consideration $1,000.00 Zoning: I - Light Industrial Supplemental Information The check will be made payable to the title company which processes the closing. Location 4111 Carey Owner Manhattan National Properties, Inc. Financing Sufficient funds are available in Fund 36, Park and Recreation Improvement Fund, Account No. 041016-00, S.E. Park "H". This expenditure will be made from Index Code 699777. Land Agent Pam Root Minutes of City Council 0-3 Page 106 107 TUESDAY JANUARY 30 1990 r. Walter Cook Mr. Walter Cook appeared before the City Council and requested that City Council e M&C L-10019 give favorable consideration to the purchase of property in the J.M. Daniel Addition, Lot 1, Block 1, and advised City Council that the land is suitable for park use. Mayor Pro tempore Gilley made a motion, seconded by Council Member McCray that Mayor and Council Communication No. L-10019 be approved as amended by deleting any references to park in the subject and deleting the name and description of project and amending the Financing section to read: Fund 01, Transportation and Public Works Department, Account No. 201000, Index Code 230623. When the motion was put to a vote by the Mayor, it prevailed unanimously. &C PZ -1570 re .There was presented Mayor and Council Communication No. PZ -1570 from the City acating a utility Manager recommending that an ordinance be adopted vacating a five foot wide by 686.3 asement feet long utility easement located adjacent to the south property line of Lots "C" through "M", Block 16, Burton Acres Addition. Council Member Chappell requested that the City Council allow him to abstain from voting on Mayor and Council Communication No. PZ -1570 regarding vacation of a utility easement in the Burton Acres Addition, Block 15, Lots "C" through "M". Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. PZ -1570. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. PZ -1570, be approved. When the motion was put to a vote by the Mayor, it prevailed by the following vote.-, AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell Introduced an Mayor Pro tempore Gilley introduced an ordinance and made a motion that it be ordinance adopted. The motion was seconded by Council Member Zapata. The motion, carrying with it the adoption of said ordinance, prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber. Ordinance No. 10510 NOES: None ABSENT: None NOT VOTING: Council Member Chappell The ordinance, as adopted, is as follows: ORDINANCE NO. 10510 AN ORDINANCE VACATING, ABANDONING AND CLOSING AND EXTINGUISHING A UTILITY EASEMENT LOCATED IN LOTS C THROUGH M, BURTON ACRES ADDITION; PROVIDING FOR REVERSION OF FEE IN SAID LAND; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. M&C C-12120 re There was presented Mayor and Council Communication No. C-12120 from the City contract to James Manager stating that the City Council awarded a contract to James W. Jackson, Inc., on W. Jackson, Inc. November 21, 1989, by Mayor and Council Communication No. C-12004 in the amount of $52,116.15, for the assessment paving of Effie Street from Willie Street to Elgin Street; that a benefit hearing was held for the purpose of levying assessments for Effie Street improvements on December 19, 1989; that, at the hearing, the City Council authorized the deletion of Effie Street from Willie Street to Elgin Street from consideration for construction at this time; and recommending that the City Council: 1. Rescind award of contract to James W. Jackson, Inc., for the Assessment Paving of Effie Street from Willie Street to Elgin Street; and 2. Approve the following fund transfers: FROM TO AMOUNT REASON 67-040189-00 94-009905-00 $24,087.27 To return property Effie Street Special owners' share of Assessments cost for cancelled Unspecified project to Revolv- ing Fund. Minutes of City Council 0-3 Page 107 VZ TUESDAY, JANUARY 30, 1990 RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 5 to City Secretary Contract No. 15964 in the amount of $8,450.48 to the contract for construction of the SCADA System and Control Center Facilities, Contract II, revising the total contract cost to $1,584,840.48 and adding 34 calendar days for completion. BACKGROUND: On September 15, 1987 (M&C C-10518), the City Council authorized the award of a contract to Mission Construction, Inc., for construction of a control center facility and the installation of a Supervisory Control and Data Acquisition (SCADA) system. PROJECT NO.: 09-016003-00 PROPOSED CHANGE ORDER: During construction, it became necessary to change and/or modify certain items in the contract. The contractor, Mission Construction, Inc., will perform this additional work for $8,450.48 and 34 additional calendar days. The proposed changes are as follows: Y , 1. Furnish and install IMC conduit with epoxy paint ($ 904.00) i 2. Combine circuits in SCADA building ($ 323.00) 3. Modify wiring at Rolling Hills Pump Station $ 476.00 4. Relocate relay cabinet from North Richland Hills Meter No. 2 vault to North Richland Hills Meter No. 1 vault $ 59.00 Minutes of City Council 0-3 Page 108 67-040189-00 94-040901-00 12,394.03 To return funds M&C C-12120 cont. Effie Street Inner City for cancelled pro - Streets ject to Unspeci- Unspecified fied account. 76-206080-56 76-206080-35 15,634.85 To return funds for cancelled pro- ject to source account. M&C C-12120 a dop to It was the consensus of the City Council that the recommendations be adopted. M&C C-12121 re There was presented Mayor and Council Communication No. C-12121 from the City contract with the Manager stating that an agreement with Haltom City providing for the reconstruction of City of Haltom portions of North Beach Street and Western Center Boulevard was approved on City September 18, 1984, by Mayor and Council Communication No. C-8619; that both cities agreed the City of Fort Worth would administer all engineering and construction contracts; that Beach Street improvement from Fossil Creek Boulevard to Western Center Boulevard has been completed in accordance with the terms of City Secretary Contract No. 14056; that, due to the economic down -turn, the City of Haltom City was not able to secure the necessary right-of-way and its share of funding for design and construction of Western Center Boulevard from Beach Street to Watauga City Limits; that the City Manager was authorized to execute a design services contract with Carter and Burgess, Inc., on November 20, 1984, City Secretary Contract No. 14221, for design of street improvements to Western Center Boulevard from North Beach Street to Watauga City limit; that the necessary design work covered under this contract was completed in 1986; that the City of Watauga recently improved a section of Western Center Boulevard to a six -lane divided roadway just to the east of this project; that, in light of the above changes, on November 14, 1989, by Mayor and Council Communication No. C-11987, the City Council authorized an amendment to City Secretary Contract No. 14221 with Carter and Burgess, Inc., to provide additional design work for a six -lane divided roadway; that funds to cover construction would be transferred to the project account at the time of contract award, along with Haltom City's share of cost to include their share of design, survey, and construction related expenses; and recommending that the City Manager be authorized to amend City Secretary Contract No. 14056 with the City of Haltom City to delete all reference to Western Center Boulevard improvements, and execute a new agreement with the City of Haltom City that provides for reconstruction of Western Center Boulevard from North Beach Street to Watauga City limits. It was the consensus of the City Council that the recommendation be adopted. M&C C-12122 re There was presented Mayor and Council Communication No. C-12122 from the City contract with Mission Construe= Manager, as follows: tion, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 5 TO SCADA SYSTEM AND CONTROL CENTER FACILITIES, CONTRACT II RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 5 to City Secretary Contract No. 15964 in the amount of $8,450.48 to the contract for construction of the SCADA System and Control Center Facilities, Contract II, revising the total contract cost to $1,584,840.48 and adding 34 calendar days for completion. BACKGROUND: On September 15, 1987 (M&C C-10518), the City Council authorized the award of a contract to Mission Construction, Inc., for construction of a control center facility and the installation of a Supervisory Control and Data Acquisition (SCADA) system. PROJECT NO.: 09-016003-00 PROPOSED CHANGE ORDER: During construction, it became necessary to change and/or modify certain items in the contract. The contractor, Mission Construction, Inc., will perform this additional work for $8,450.48 and 34 additional calendar days. The proposed changes are as follows: Y , 1. Furnish and install IMC conduit with epoxy paint ($ 904.00) i 2. Combine circuits in SCADA building ($ 323.00) 3. Modify wiring at Rolling Hills Pump Station $ 476.00 4. Relocate relay cabinet from North Richland Hills Meter No. 2 vault to North Richland Hills Meter No. 1 vault $ 59.00 Minutes of City Council 0-3 Page 108 109 0 Icill)TUESDAY. JANUARY 30 1,920 M&C C-12122 cont. 5. Furnish and install new relay cabinet at Haltom City's McLean Street Pump Station $ 225.00 6. Furnish and install over/ under voltage and lightning protection for new trans- mitters $6,951.00 7. Furnish and install new transmitters at Hurst No. 2 and DFW meter vaults $6,400.00 8. Additional trip by HSQ field technician ($ 550.00) 9. Repair five (5) Radios ($ 714.52) 10. Repair damaged component ($3,045.00) 11. Replace two (2) lightning arrestors ($ 124.00) TOTAL $8,450.48 The net effect of the proposed change order is as follows: Original Contract Cost $1,512,000.00 Extras to Date $ 64,390.00 Proposed Change Order No. 5 $ 8,450.48 Revised Contract Cost $1,584,840.48 The consultant, Black and Veatch, and the staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available in Water Capital Improvement Fund 09, Project No. 016003-00, North Holly Control Center (SCADA). Expenditures will be made from Index Code 653519. &C C-12122 adopted It was the consensus of the City Council that the recommendation, as contained in Mayor greement with and Council Communication No. C-12122, be adopted. &C C-12123 re There was presented Mayor and Council Communication No. C-12123 from the City greement with Manager stating that the North Holly Water Treatment Plant was constructed in stages amp Dresser McKee, from 1917 to 1970; that subsequent regulation changes required the discharge of nc. sediment from the basins to the sanitary sewer system and this procedure required taking the basins out of service annually, washing the sludge into the sanitary sewer; that, while this method was efficient in terms of cost, the wastewater treatment plant suffered due to the concentrated discharge of sludge in the sewer system; that the original chemical feed systems are also manual and sampling of the water quality is performed on daily samples; that manual loading of chemicals has become outdated by modern feed equipment and alternate chemicals; that the present chemical feed system requires replacement and reconfiguration to improve process control; and recommending that the City Council authorize an agreement with Camp.Dresser McKee, Inc., for the design of sludge collection, chemical feed, and turbidity monitoring improvements at North Holly Water Treatment Plant and authorize a bond fund transfer in the amount of $380,120.00 from Water Capital Improvement Fund 81, Project No. 015901-00, Unspecified, to Water Capital Improvement Fund 81, Project No. 022003-00, Design and Cosntruction Services Process Improvements at North. Holly Water Treatment Plant. It was the consensus of the City Council that the recommendations be adopted. &C C-12124 re There was presented Mayor and Council Communication No. C-12124 from the City greement with Manager stating that the City Council approved a contract with TRA and the Cities of rinity River Keller, North Richland Hills, and Southlake on January 27, 1987, by Mayor and Council uthoritv of Texas Communication No. C-10098 providing for TRA's financing, design, and construction of the Big Bear Creek Interceptor Extension Project; that this project will provide for regional wastewater services to be available for subdivisions in the City of Fort Worth located in Big Creek Basin; that, to date, revenue bonds have been issued to fund design and land acquisition; that design has been completed and land acquisition has been initiated; that current planning indicates that a construction contract to facilitate construction of all or part of the project can be awarded at TRA's regularly scheduled April 1990 Board meeting to meet an expected construction completion date of I October 1990; that no funds are associated with the approval of the above-described agreement; and recommending that the City Manager be authorized to execute an agreement with the Trinity River Authority of Texas which provides for Fort Worth's share of operation and maintenance expense for the Big Bear Creek Interceptor Extension Project. It was the consensus of the City Council that the recommendation be adopted. Minutes of City Council 0-3 Page 109 110 M&C C-12125 re There was presented Mayor and Council Communication No. C-12125 from the City contract with Manager stating that the City Council authorized the award of a construction contract Johnson Brothers to Johnson Brothers Corporation on January 2, 1990, by Mayor and Council Communication Corporation No. C-12065 for the I-20 Water and Sewer Main Adjustments; that this amendment reflects the percentage and procedure of reimbursement by the State Department of Highways and Public Transportation that was omitted from the original Mayor and Council Communication; and recommending that the City Council authorize an amendment to Mayor and Council Communication No. C-12065, dated January 2, 1990, to include an additional paragraph under Financing to read as follows: The Standard Utility Agreement and attachments have been executed by the City Manager and approved by the SDHPT, and costs of the project are eligible for 79% reimbursement by the SDHPT to the City. Interim cost will be accumulated in Water Capital Improvement Fund 09, Project No. 019003-00, IH -20 Water Main Adjustments and Sewer Capital Improvement Fund 54, Project No. 019001-00, IH -20 Sewer Main Adjustments. These interim costs will include time and attendance cost for inspection, survey and other administrative costs and will be billed to SDHPT for reimbursement upon completion of the project. Expenditures will be made from Index Codes 653519 and 685191. M&C C-12125 adoptel It was the consensus of the City Council that the recommendation be adopted. M&C C-12126 re There was presented Mayor and Council Communication No. C-12126 from the City contract with Manager, as follows: Larry H. Jackson Construction, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO WHITE SETTLEMENT EAST OUTFALL SEWER (LARRY H. JACKSON CONSTRUCTION, INC.). RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $8,277 from Water and Sewer Operating Fund 45, Account No. 70-90-20, to Sewer Capital Improvement Fund 58, Project No. 017060-00, White Settlement East Outfall Sewer; and 2. Authorize Change Order No. 2 to City Secretary Contract No. 17304 in the amount of $8,277 to the contract for construction of the White Settlement East Outfall Sewer revising the total contract cost to $142,696.90. BACKGROUND: On August 15, 1989 (M&C C-11805), the City Council authorized the award of a contract to Larry H. Jackson Construction, Inc., for construction of White Settlement East Outfall Sewer. PROJECT NO.: 58-017060-00 PROPOSED CHANGE ORDER: During construction, it was discovered that the bid item for concrete piers was set up for 3.5 cubic yards of concrete when 12.15 cubic yards will be required to complete three piers. Also, a bore under the highway will have to be extended from 98 feet to 108.29 feet due to conflict with a telephone line and highway R.O.W. The contractor, Larry H. Jackson, Inc., will perform this additional work for $8,277.00. The proposed changes are as follows: 1. Add 8.65 CY Concrete @ $600.00/CY $5,190.00 2. Add 10.29 L.F. 36 -inch bore @ $300.00/L.F. $3,087.00 Total $8,277.00 The net effect of the proposed change order is as follows: Original Contract Cost $129,547.10 Change Order No. 1 $ 4,872.80 Proposed Change Order No. 2 $ 8,277.00 Revised Contract Cost $142,696.90 The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING• Sufficient funds are available to transfer from Water and Sewer Operating Fund 45, Account No. 70-90-20, Sewer Capital Project, Sewer Department. Upon approval and completion of Recommendation No. 1 in the amount of $8,277.00, Minutes of City Council 0-3 Page 110 III TUESDAY, JANUARY 30, 1990 M&C C-12126 cont. sufficient funds will be available in Sewer Capital Improvement Fund 58, and adopted Project No. 017060-00, White Settlement East Outfall Sewer. Expenditures will be made from Index Code 658815. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12126, be adopted. M&C C-12127 re There was presented Mayor and Council Communication No. C-12127 from the City contract to Martin Manager, as follows: K. Eby Constructio , SUBJECT: PROPOSED CHANGE ORDER NO. 4 TO 24 MGD EXPANSION, PHASE IIA, Inc. EFFLUENT FILTER AREA, VILLAGE CREEK WASTEWATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council authorize Change Order No. 4 to City Secretary Contract No. 16634 in the amount of $47,777.76 to the contract for construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area, Village Creek Wastewater Treatment Plant, revising the total contract cost to $17,892,806.79. RArk,r.P i1Nn- On September 13, 1988 (M&C C-11189), the City Council authorized the award of a contract to Martin K. Eby Construction, Inc., for construction of the 24 MGD Expansion, Phase IIA, Effluent Filter Area, Village Creek Wastewater Treatment Plant. PROJECT NO.:- 84-016001-00 PROPOSED CHANGE ORDER: During construction, it was discovered that certain changes, corrections or modifications will be necessary in order to have a complete, functional and operational system. The contractor, Martin K. Eby Construction Company, Inc., will perform this additional work for $47,777.76. The proposed changes are as follows: 1. Increase size of (12) aluminum slide gates for influent channel to effluent filters from 15" x 36" to 40" x 36" @ Lump Sum $27,239.31 2. Install aluminum cover plate over opening for future final effluent pump @ Lump Sum $ 4,759.62 3. Install stainless steel plates in floor of new junction box "C" @ Lump Sum $ 2,372.23 4. Modify electrical manholes numbers 30, 42, 93 and 44 @ Lump Sum $14,680.40 5. Change stainless steel doors to fiberglass doors at chlorine building ($ 1,273.80) TOTAL $47,777.76 The net effect of the proposed change order is as follows: Original Contract Cost $17,565,920.00 Extras to Date $ 290,795.25 Credits to Date $ 11,686.22 Proposed Change Order No. 4 $ 47,777.76 Revised Contract Cost $17,892,806.79 The construction manager, Freese and Nichols, Inc., and the staff Engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Sufficient funds are available in Sewer Capital Improvement Fund 84, Account No. 016001-00, 24 MGD Expansion, Phase IIA, Effluent Filter Area (VCWWTP). Expenditures will be made from Index Code 684530. M&C C-12127 adopteIt was the consensus of the City Council that the recommendation, as contained in Mayor and Council Communication No. C-12127, be adopted. M&C C-12128 re contract with There was presented Mayor and Council Communication No. C-12128 from the City North Center Texas Manager stating that the Private Industry Council and staff for the Job Training Council of Govern- Partnership Act programs are responsible for the development of annual plans which are men is submitted to the Texas Department of Commerce for approval; that this process requires Minutes of City Council 0-3 Page 111 112 M&C C-12128 cont. the collection of documentation, and analysis of demographic information in order to project occupational demand within the labor market; that North Central Texas Council of Government's Regional Data Center was established in 1983 to provide the region with information to promote sound regional planning and development; that RDC has a variety of information resources and other demographic information which enables it to produce occupational demand data; that, given the need for accessing the most recent information and RDC's existing resources, the Private Industry Council recommends contracting with North Central Texas Council of Governments to conduct and document the analytical process for identification of demand occupations as required by Texas Department of Commerce; that funds are available in JTPA Title IIA, Project No. 405458-01 and Title IIB, Project No. 405458-34, Index Code 511154; and recommending that the City Manager be authorized to execute a contract with North Central Texas Council of Governments in the amount of $7,500.00, for the purchase of labor market information services for the contract period beginning January 1, 1990, through June 30, 1990. It was the consensus of the City Council that the recommendation be adopted. M&C C-12129 re There was presented Mayor and Council Communication No. C-12129 from the City contract with Architectural Manager, as follows: Utilities, Inc. SUBJECT: PROPOSED CHANGE ORDER NO. 2 TO WATER MAIN REPLACEMENT, WEILER BOULEVARD AND DANCIGER ROAD (ARCHITECTURAL UTILITIES, INC.) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a fund transfer in the amount of $3,497 from Water and Sewer Operating Fund 45, Account No. 60-90-20 to Water Capital Improvement Fund 53, Project No. 017092-00, Water Replacement, Weiler Boulevard and Danciger Road; and 2. Authorize Change Order No. 2 to City Secretary Contract No. 17147 in the amount of $3,496.87 for construction of the Water Main Replacement, Weiler Boulevard and Danciger Road revising the total contract cost to $270,458.06 and adding 21 working days for completion. DISCUSSION: On June 6, 1989 (M&C C-11683), the City Council authorized the award of a contract to Architectural Utilities, Inc., for construction of the Water Main Replacement, Weiler Boulevard and Danciger Road. M&C C-12129 adopted M&C C-12130 re contract with J.D. Vickers, Inc PROJECT NO.: 53-017092-00 PROPOSED CHANGE ORDER: During construction, it was discovered that extra paving repair would be necessary due to pavement failure caused by several main breaks. The contractor, Architectural Utilities, Inc., will perform this additional work for $3,496.87 and 21 additional working days. The proposed change is as follows: 279,75 L.F. Paving Repair @ $12.50/L.F. $3,496.87 The net effect of the proposed change order is as follows: Original Contract Cost $260,409.70 Change Order No. 1 $ 6,551.49 Proposed Change Order No. 2 $ 3,496.87 Revised Contract Cost $270,458.06 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: Sufficient funds are available to transfer from Water and Sewer Operating Fund 45, Account No. 60-90-20, Water Capital Project, Water Department. Upon approval and completion of Recommendation No. 1 in the amount of $3,497.00, sufficient funds will be available in Water Capital Improvement Fund 53, Project No. 017092-00, Water Replacement, Weiler Boulevard and Danciger Road. Expenditures will be made from Index Code 620153. It was the consensus of the City Council that the recommendations, as contained in Mayor and Council Communication No. C-12129, be adopted. There was presented Mayor and Council Communication No. C-12130 from the City Manager, as follows: SUBJECT: PROPOSED CHANGE ORDER NO. 1 TO 6 -INCH WATER MAIN REPLACEMENT IN BELMONT AVENUE Minutes of City Council 0-3 Page 112 113 TUESDAY, JANUARY 30, 1990 M&C C-12130 cont. RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $3,532 from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified to Street Improvements Fund 67, Project No. 017097-00, Water Main Replacement in Belmont Avenue; and 2. Authorize Change Order No. 1 to the City Secretary Contract No. 17463 in the amount of $3,531.25 for construction of the 6 -inch Water Main Replacement in Belmont Avenue, revising the total contract cost to $37,693.25. nTCrllggTnN� On November 7, 1989 (M&C C-11979), the City Council authorized the award of a contract to J. D. Vickers, Inc., for construction of the 6 -inch water main replacement in Belmont Avenue, from Northwest 18th Street to Northwest 19th Street. PROJECT NO.: 53-017097-00 PROPOSED CHANGE ORDER: During construction, it was discovered that an existing 6 -inch concrete sewer line was deteriorated and requires replacement. Approximately 64.50 linear feet of sewer pipe will be replaced. Also, an additional 603.5 linear feet of 1 -inch cold mix temporary paving repair will be necessary to complete the project. The contractor, J. D. Vickers, Inc., will perform this additional work for $3,531.25. The proposed changes are as follows: Replace 64.5 L.F. 6 -inch concrete sewer pipe with PVC pipe at $22.00/L.F. $1,419.00 Add 603.5 L.F. 1 -inch cold mix temporary paving @ $3.50/L.F. $2,112.25 Total $3,531.25 The net effect of the proposed change order is as follows: Original Contract Cost $34,162.00 Proposed Change Order No. 1 $ 3,531.25 Revised Contract Cost - $37,693.25. The staff engineers of the Water Department have reviewed the proposed charges and found them reasonable for similar work. FINANCING: Minutes of City Council 0-3 Page 113 Sufficient funds are available to transfer from Special Assessments Fund 94, Project No. 009905-00, Special Assessments Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $3,532.00, sufficient funds will be available in Street Improvements Fund 67, Project No. 017097-00, Water Main Replacement in Belmont Avenue. Expenditures will be made from Index Code 630335. M&C C-12130 It was the consensus of the City Council that the recommendations, as contained in adopted Mayor and Council Communication No. C-12130, be adopted. M&C C-12131 re There was presented Mayor and Council Communication No. C-12131 from the City contract with Fort Manager submitting a proposed contract for the installation of community facilities to Worth Independent serve Worth Elementary School, Assessment Paving, Ripy Street proposed project cost and School District financing; and recommending that: 1'. The following bond fund transfer be approved: FROM TO AMOUNT REASON 90-136901-00 90-136129-00 $1,223 To provide funds New Development Worth Elementary for City's cost Unspecified School, Assessment of street con - Paving, Ripy St. struction. 90-095701-00 90-136129-00 $1,918 To provide funds New Development Worth Elementary for City's cost Unspecified School, Assessment of street con - Paving, Ripy St. struction. Minutes of City Council 0-3 Page 113 iii M&C C-12131 cont. 2. The City Manager be authorized to reimburse the developer for the City's share of cost for street improvements upon satisfactory completion of the same; and 3. The City Manager be authorized to execute the Community Facilities agreement with the developer, Fort Worth Independent School District. Council Member Chappell requested that the City Council allow him to abstain from voting on Mayor and Council Communication No. C-12131 involving Fort Worth Independent School District. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that Council Member Chappell be allowed to abstain from voting on Mayor and Council Communication No. C-12131. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mayor Pro tempore Gilley made a motion, seconded by Council Member Zapata, that the recommendation, as contained in Mayor and Council Communication No. C-12131, be adopted. When the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Garrison, Granger, McCray, and Webber NOES: None ABSENT: None NOT VOTING: Council Member Chappell M&C C-12132 re There was presented Mayor and Council Communication No. C-12132 from the City contract with Manager submitting a proposed contract for the installation of community facilities to Centennial Homes, serve Park Glen Addition, Phase III, Section II; describing the proposed project cost Inc. and financing; and recommending that: 1. The following bond fund transfer be approved: FROM TO AMOUNT REASON 83-015901-00, 83-015040-00 $10,000 To provide funds for Unspecified Park Glen Addn. City's cost of water Ph. III, Sec. II main construction. 80-013901-00 80-013008-00 $ 5,000 To provide funds for Unspecified Park Glen Addn. City's cost of sewer Ph. III, Sec. II main construction. 2. The City Manager be authorized to execute the Community Facilities agreement with the developer, Centennial Homes, Inc.; and 3. The City Manager be authorized to reimburse the developer for the City's share of cost for water, sewer, and storm drain improvements upon satisfactory completion of the same. &C C-12132 adopted It was the consensus of the City Council that the recommendations be adopted. &C C-12133 re There was presented Mayor and Council Communication No. C-12133 from the City ontract with Manager, as follows: ewell and Newell imited Partnership SUBJECT: PROPOSED CHANGE ORDER NO. 3 TO 16 -INCH WATER MAIN EXTENSION AND IMPROVEMENTS TO AN EXISTING SANITARY SEWER MAIN IN RANDOL MILL ROAD (NEWELL AND NEWELL LIMITED PARTNERSHIP) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a bond fund transfer in the amount of $3,705.00 from Water Capital Improvement Fund 83, Project No. 015901-00, Unspecified to Water Capital Improvement Fund 83, Project No. 014009-00, 16 -Inch Water Randol Mill Road; and 2. Authorize Change Order No. 3 to the City Secretary Contract No. 16454 in the amount of $3,704.76 for construction of the 16 -Inch Water Main Extension in Randol Mill Road, revising the total contract cost to $5,932,242.36. DISCUSSION: On April 19, 1988 (M&C C-10924), the City Council authorized the award of a contract to Newell and Newell Limited Partnership for construction of the 16 -inch water main extension in Randol Mill Road. PROJECT NO.: 81-015001-00 Minutes of City Council 0-3 Page 114 115 M&C C-12133 cont. PROPOSED CHANGE ORDER: During construction it was discovered that the Lakewood Village Retirement Center's water and fire service ties into the water main on the downstream side of a valve that must be closed for construction purposes. A 2 -inch temporary service must be installed to provide water service for the Retirement Center during construction. The contractor, Newell and Newell Limited Partnership, will perform this additional work for $3,704.76. The proposed change is as follows: Install 2 -Inch temporary water service @ Lump Sum $3,704.76 The net effect of the proposed change order is as follows: Original Contract Cost $5,901,244.43 Extras to Date $ 77,806.47 Credits to Date $ 50,513.30 Proposed Change Order No. 3 $ 3,704.76 Revised Contract Cost $5,932,242.36 The staff engineers of the Water Department have reviewed the proposed charge and found it reasonable for similar work. FINANCING: . Sufficient funds are available to transfer from Water Capital Improvement Fund 83, Project No. 015901-00, Unspecified. Upon approval and completion of Recommendation No. 1 in the amount of $3,705.00, sufficient funds will be available in Water Capital Improvement Fund 83, Project No. 014009-00, 16 -Inch Water Randol Mill Road. Expenditures will made from Index Code 683391. 1. Approve the following fund transfers: FROM 67-040901-00 Inner City Streets Unspecified 76-206080-35 Eleventh Year CDBG Inner City Streets 93-057801-00 1989 Program Unspecified Authorize the City Manager to execute a contract with Austin Paving Company in the amount of $199,517.67 and 24 working days for the paving of Myrtle from Kuroki Lane to end and Parkway Drive from Old Hemphill Road to end. TO M&C C-12133 adopted It was the consensus of the City Council that the recommendations, as contained in $42,349.01 To provide funds Myrtle, Kuroki-End Mayor and Council Communication No. C-12133, be adopted. M&C C-12134 re There was presented Mayor and Council Communication No. C-12134 from the City tion cost, plus contract with T.J. Manager submitting a tabulation of bids received for a construction contract for the La mbr ech t Con- Southeast Landfill Modifications; and recommending that the City Manager be authorized $ 5,712.98 To provide funds struction Company to execute a construction contract with T.J. Lambrecht Construction Company for the costs. Southeast Landfill Modifications in the amount of $4,807,417.67; that a fund transfer in the amount of $1,853,122.91 be authorized from 32-001100-00, Southeast Landfill Modifications, to 32-001106-00, Southeast Landfill Final Construction, to transfer funds to construction account; and that a fund transfer in the amount of $2,695,638.71 be authorized from 32-001200-00, New Landfill Site, to 32-001106-00, Southeast Landfill Final Construction, to transfer funds to construction account. On motion of Mayor Pro tempore Gilley, seconded by Council Member Garrison, the recommendations were adopted. M&C C-12135 re There was presented Mayor and Council Communication No. C-12135 from the City contract with Manager submitting a tabulation of bids received for the paving of Myrtle from Kuroki Austin Paving Lane to end and Parkway Drive from Old Hemphill Road to end; and recommending that the Company City Council: 1. Approve the following fund transfers: FROM 67-040901-00 Inner City Streets Unspecified 76-206080-35 Eleventh Year CDBG Inner City Streets 93-057801-00 1989 Program Unspecified Authorize the City Manager to execute a contract with Austin Paving Company in the amount of $199,517.67 and 24 working days for the paving of Myrtle from Kuroki Lane to end and Parkway Drive from Old Hemphill Road to end. TO AMOUNT REASON 67-040134-00 $42,349.01 To provide funds Myrtle, Kuroki-End for the City's share of constuc- tion cost, plus funds for change - orders. 76-206080-52 $ 5,712.98 To provide funds Myrtle, Kuroki-End for construction costs. 93-052128-00 $14,978.41 To provide funds Myrtle and Parkway for construction costs. 2. On motion of Council Member Zapata, seconded by Mayor Pro tempore Gilley, the M&C C-12135 adopte recommendations were adopted. Minutes of City Council 0-3 Page 115 I16 TUESDAY, JANUARY 30, 1990 M&C C-12136 re There was presented Mayor and Council Communication No. C-12136 from the City contract with Manager submitting a tabulation of bids received for water main replacement in Judkins Larry H. Jackson Street and for the paving of Judkins Street from Ennis Avenue to East First Street; and recommending that the City Council: 1. Approve the following fund transfers: FROM TO AMOUNT REASON 94-009905-00 67-040159-00 $ 23,230.64 To move property Special Judkins Street owners' share of Assessments Ennis -East 1st cost from Revolving Unspecified Fund to project account. 94-009905-00 67-017121-00 $ 16,701.00 To provide funds Special Judkins Street for the water main Assessments Water Main replacement plus Unspecified funds for change orders. 45-60-90-20 53-017121-00 $ 1,700.00 To provide funds Water & Sewer Judkins Street for inspection Operating Water Main and survey. 67-040901-00 67-040159-00 $102,629.58 To provide funds for Inner City Judkins Street the City's share of Streets Ennis -East 1st construction cost Unspecified plus funds for change orders. 76-206081-35 76-206081-32 $ 50,371.69 To provide funds for Twelfth Year Judkins Street construction costs. CDBG Inner Ennis -East 1st City Streets 2. Authorize the City Manager to execute a contract with Larry H. Jackson Construction, Inc., in the amount of $15,182.00 based on its low bid for the water main replacement in Judkins Street (Unit I); 3. Authorize the City Manager to execute a contract with Centerline Constructors, Inc., in the amount of $167,905.63 and 27 working days for the paving of Judkins Street from Ennis Avenue to East First Street; 4. Declare the necessity for and order the improvements to Judkins Street from Ennis Avenue to East First Street; 5. Authorize the assessment of a portion of the cost of the improvements to Judkins Street against the owners of the abutting property; 6. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; 7. Establish February 27, 1990, as the date of the benefit hearing; and 8. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes. M&C C-12136 adoptej On motion of Mayor Pro tempore Gilley, seconded by Council Member Webber, the IIII recommendations were adopted. M&C C-12137 and C-12138 heard con- currently M&C C-12137 re Management Agree- ment with pinnacle Air Services, Inc. M&C C-12138 re Ground Lease Agree ment with Pinnacle Air Services, Inc. It was the consensus of the City Council that consideration of Mayor and Council Communication Nos. C-12137 and C-12138 be heard concurrently. There was presented Mayor and Council Communication No. C-12137 from the City Manager, as follows: SUBJECT: MANAGEMENT AGREEMENT WITH PINNACLE AIR SERVICES, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Management Agreement with Pinnacle Air Services, Inc., for the management and operation of Fort Worth Alliance Airport. There was presented Mayor and Council Communication No. C-12138 from the City Manager, as follows: SUBJECT: GROUND LEASE AGREEMENT WITH PINNACLE AIR SERVICES, INC. Minutes of City Council 0-3 Page 116 117 _TUESDAY, JANUARY 30. 1990 M&C C-12138 cont. RECOMMENDATION: complete paving of Manager stating that the paving assessment of Pensacola Avenue from Old Benbrook to Pensacola Avenue It is recommended that the City Council authorize the City Manager to execute Assessment paving the attached Ground Lease Agreement with Pinnacle Air Services, Inc., for the from Old Benbrook management and operation of Fort Worth Alliance Airport. to Highway 377 Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that consideration of Mayor and Council Communication No. C-12137, Management Agreement with Pinnacle Air Services, Inc., and Mayor and Council Communication No. C-12138, Ground Lease Agreement with Pinnacle Air Services, Inc., be continued until after executive session. When the motion was put to a vote by the Mayor, it prevailed unanimously. Mr. Donnell Ballard Mr. Donnell Ballard, 1507 Allen, appeared before the City Council and read a re drugs speech regarding drugs. Ms. Jeannie Strick Ms. Jeannie Strickland, Post Office Box 3182, appeared before the City Council and land re street requested that the City Council allow the street people to move into condemned homes people to move in and repair them and bring them up to standards in order for them to have a place to condemned homes live. M&C FP -2653 re There was presented Mayor and Council Communication No. FP -2653 from the City paving of Wabash Manager stating that paving assessment for Wabash Avenue from Collinsworth to 285 feet Avenue Assessment north has been completed in accordance with plans and specifications under Contract Paving from _ No. 17303 awarded to James W. Jackson, Inc., on August 8, 1989; and recommending that Collinsworth to the City Council accept as complete paving of Wabash Avenue assessment paving from 285 feet north Collinsworth to 285 feet north; authorize final payment in the amount of $3,063.99 to James W. Jackson, Inc.; and approve final assessment roll and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Wabash Avenue from Collinsworth to 285 feet north, with funds available in Street Improvement Fund 67, Retainage Account No. 205-17303. It was the consensus of the City Council that the recommendations be adopted. M&C FP -2654 re There was presented Mayor and Council Communication No. FP -2654 from the City complete paving of Manager stating that the paving assessment of Pensacola Avenue from Old Benbrook to Pensacola Avenue Highway 377 has been completed in accordance with plans and specifications under Assessment paving Contract No. 17375 awarded to James W. Jackson, Inc., on August 22, 1989; and from Old Benbrook recommending that the City Council accept as complete the paving assessments of to Highway 377 Pensacola Avenue from Old Benbrook to Highway 377; authorize final payment in the amount of $4,489.50 to James W. Jackson, Inc.; and approve final assessment roll and authorize the issuance of certificates in evidence of the special assessments levied against the abutting property owners of Pensacola Avenue Assessment Paving from Old Benbrook to Highway 377, with funds available in Street Improvement Fund 67, Retainage Account No. 205-17375 and Contract No. 17375. On motion of Mayor Pro tempore Gilley, seconded by Council Member Chappell, the recommendation was adopted. Met in closed or It was the consensus of the City Council that the City Council meet in closed or executive session executive session for the following purposes: 1. To discuss the following matters involving the lease or value of real property: a) proposed lease to Page Avjet; b) proposed ground lease and management agreement with Pinnacle Air Services, Inc. c) proposed revisions to contracts and leases with Texas Jet, Inc., at Meacham Airport as authorized by Section 2(f), Article 6252-17, V.A.C.S. The public discussion of such items would have a detrimental effect on the negotiating position of the City as between the City and a third person, firm or corporation. 2. To receive the advise of its attorney concerning the following matters which are protected from public disclosure by Canon 4, Code of Professional Responsibility, State Bar of Texas, and Section 2(e), Article 6252-17, V.A.C.S.: a) proposed ground lease and management agreement with Pinnacle Air Services, Inc.; b) proposed regulations concerning alcoholic beverage establishments c) pending litigation: City of Fort Worth v. Freedom Financial Corporation, Cause No. 352-107250-87 Reconvened into The City Council reconvened into regular session with all members present. regular session M&C C-12137 There was presented Mayor and Council Communication No. C-12137 from the City Manager, as follows: SUBJECT: MANAGEMENT AGREEMENT WITH PINNACLE AIR SERVICES, INC. Minutes of City Council 0-3 Page 117 118 &C C-12137cont. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Management Agreement with Pinnacle Air Services, Inc., for the management and operation of Fort Worth Alliance Airport. There was presented Mayor and Council Communication No. C-12138 from the &C C-12138 re City Manager, as follows: SUBJECT: GROUND LEASE AGREEMENT WITH PINNACLE AIR SERVICES, INC. djourned nTCrIiCCTnN- Bids for $1,250,000 City of Fort Worth, Texas, Solid Waste Management System Revenue Bonds, Series 1990, were received today (Tuesday, January 30, 1990) at 10:00 a.m. A summary of the average annual effective rates for the bids is shown below: MERRILL LYNCH CAPITAL MARKETS 6.894741 PRUDENTIAL-BACHE SECURITIES KIDDER PEABODY & CO. 6.9637 LOVETT UNDERWOOD NEUHAUS & WEBB, INC. 6.968580 SMITH BARNEY, HARRIS UPHAM & COMPANY 6.9744 DEAN WITTER REYNOLDS, INC. 7.2832822 SHEARSON LEHMAN HUTTON, INC. 7.365644 Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Mayor and Council Communication No. G-8450 be amended by deleting Item No. 1 under Recommendations and renumbering 2, 3, and 4 to read 1, 2, and 3 and that Mayor and Council Communication No. G-8450, as amended, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Therer being no rther business, the meeting was adjourned. Minutes of City Council 0-3 Page 118 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Ground Lease Agreement with Pinnacle Air Services, Inc., for the management and operation of Fort Worth Alliance Airport. &C C-12137 and Mayor Pro tempore Gilley made a motion, seconded by Council Member Garrison, that -12138 denied Mayor and Council Communication Nos. C-12137 and C-12138 be denied. r. Joe Cameron Mr. Joe Cameron, 4605 Applewood Road, appeared before the City Council and e Management of expressed concerns regarding the concept of pay as you go and strongly recommended that lliance Airport the City Council consider using the City of Fort Worth personnel in the management of Alliance Airport. When the motion, that Mayor and Council Communication Nos. C-12137 and C-12138 be denied, was put to a vote by the Mayor, it prevailed unanimously. &C G-8450 re- Council Member Chappell made a motion, seconded by Council Member Garrison, that onsidere d Mayor and Council Communication No. G-8450 be reconsidered. When the motion was put to a vote by the Mayor, it prevailed unanimously. - &C G-8450 re There was presented Mayor and Council Communication No. G-8450 from the City ale of Solid Manager, as follows: aste Management y s to m Revenue SUBJECT: SALE OF $1,250,000 CITY OF FORT WORTH, TEXAS SOLID WASTE MANAGEMENT onds SYSTEM REVENUE BONDS, SERIES 1990 RECOMMENDATION: It is recommended: 1. That the City Council adopt a resolution approving the "Notice of Sale and Bidding Instructions", "Official Bid Form" and "Official Statement" prepared in connection with the issuance of $1,250,000 City of Fort Worth, Texas, Solid Waste Management System Revenue Bonds, Series 1990. 2. The the $1,250,000 City of Fort Worth, Texas Series 1990, be sold to the bidder offering the lowest interest cost, $327,787.50, at an average effective interest rate of 6.894741% and the City Council adopt Ordinance No. 10500 authorizing the issuance of the bonds. 3. That the firm of McCall, Parkhurst and Horton be engaged to furnish the purchasers opinion of the bonds; and, 4. That the firm of First Southwest Company perform the financial consulting services for this sale in accordance with City Secretary Contract #14801. djourned nTCrIiCCTnN- Bids for $1,250,000 City of Fort Worth, Texas, Solid Waste Management System Revenue Bonds, Series 1990, were received today (Tuesday, January 30, 1990) at 10:00 a.m. A summary of the average annual effective rates for the bids is shown below: MERRILL LYNCH CAPITAL MARKETS 6.894741 PRUDENTIAL-BACHE SECURITIES KIDDER PEABODY & CO. 6.9637 LOVETT UNDERWOOD NEUHAUS & WEBB, INC. 6.968580 SMITH BARNEY, HARRIS UPHAM & COMPANY 6.9744 DEAN WITTER REYNOLDS, INC. 7.2832822 SHEARSON LEHMAN HUTTON, INC. 7.365644 Council Member Chappell made a motion, seconded by Mayor Pro tempore Gilley, that Mayor and Council Communication No. G-8450 be amended by deleting Item No. 1 under Recommendations and renumbering 2, 3, and 4 to read 1, 2, and 3 and that Mayor and Council Communication No. G-8450, as amended, be approved. When the motion was put to a vote by the Mayor, it prevailed unanimously. Therer being no rther business, the meeting was adjourned. Minutes of City Council 0-3 Page 118